Delhi LG approves appointment of 4 special public prosecutors for trials in POCSO cases

New Delhi [India], October 12 : A fortnight after Delhi Lieutenant Governor VK Saxena recalled the file from the Delhi government over the alleged delay in the POSCO cases, the LG has approved the appointment of four special public prosecutors for trials in these cases, Raj Niwas officials said on Thursday.
The official statement said that the Government conceded that the opinion of LG shall be required for the appointment of Special Public Prosecutors (SPPs) for CBI to conduct trials of POCSO cases in various special courts of the National Capital, which has been stalled for over nine months.
"The file on the issue kept moving from the Minister-in-charge to the Chief Minister since January and after LG on September 22 invoked Rule 19 (5) of ToBR, and recalled all the files and proposals, for appointment of SPPs for CBI in POCSO cases, they were submitted to him to approve the proposal on their appointment which has inordinately been delayed," it said.
Chief Minister Arvind Kejriwal had earlier taken a stand that the LG does not have the power to grant sanction for approval of SPPs in these cases.
On receiving communication from the LG Secretariat requisitioning the files in this regard, the Minister (Home), GNCTD sought an opinion from the Law Department which said the matter needs to be processed expeditiously to obtain the opinion of LG so that the notification for appointment of SPPs may be issued under section 32 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, it added.
The Chief Minister on October 6 endorsed that the file containing the proposal for issuance of notification on the appointment of SPPs for CBI to conduct trial of POCSO cases be submitted to the LG, who had earlier taken serious note of the delay by GNCTD.
On September 22, the LG had also referred the matter to the Ministry of Home Affairs, Govt. of India for necessary appointments and notifications under section 24(8) of the Criminal Procedure Code (CrPC).
The officials further said that these extremely important files had been pending at the level of the Minister (Home), GNCTD since February 2023, after having moved between him and the Chief Minister in January 2023.
The CBI in December 2022 had requested for issuance of notification for the appointment of CBI senior public prosecutors under section 32 of the POCSO Act for the trial of POCSO cases in various courts in Delhi and a reminder was sent on March 15 this year.
The cases relating to the POCSO Act are sensitive in nature and as per law the trial in these cases is to be completed within one year from the date of cognizance of the offence and the delay in appointment of SPPs will adversely affect the case of investigating agency and may give undue benefits to the perpetrators of crime against innocent children, it added.
"It was noted that such a sluggish and insensitive approach in dealing with matters relating to cases of rape and the POCSO Act, is tantamount to extending undue benefits to perpetrators of such heinous crime," the statement said.
CBI had also intimated that more than 20 cases have been registered by it on the allegations of circulation, storing and viewing of child sexual exploitation materials through various social media platforms or groups.