Delhi LG clears appointment of prosecutors for Pocso cases

As per law, trials in Pocso cases must be completed within one year from the date of cognisance of the offence

Lieutenant governor (LG) VK Saxena has approved the appointment of four special public prosecutors (SPPs) for trials in cases involving the Protection of Children from Sexual Offences (Pocso) Act, 2012, officials in the LG’s office said on Thursday, accusing the Delhi government of “inordinately sitting on the file” for nine months.

Delhi LG VK Saxena approved the appointment of four special public prosecutors for handling trials in the Pocso cases. (HT Photo)

The Delhi government, however, rejected the allegations that they delayed the appointments, and accused the LG of attempting to bypass the elected government.

The appointment of the SPPs first came up in December last year, when the Central Bureau of Investigation (CBI) requested the issuance of a notification for their appointment under section 32 of the Pocso Act, for trials of Pocso cases conducted by the federal probe agency in various Delhi courts.

An official in the LG’s office said the file on the issue kept moving from the home minister to chief minister Arvind Kejriwal since January, and after the LG on September 22 invoked rule 19 (5) of Transaction of Business of Govt of National Capital Territory of Delhi Rules (ToBR), 1993 and recalled all the files for the appointment of SPPs, they were submitted to him for approval.

The official said, “A fortnight ago, the LG invoked provisions of rule 19 (5) of ToBR in public interest and recalled the file pertaining to the appointment of SPPs in CBI Pocso cases. The Delhi government, which had been inordinately sitting on the file for more than nine months, finally sent the file for LG’s approval.”

As per law, trials in Pocso cases must be completed within one year from the date of cognisance of the offence, and the delay in the appointment of SPPs will adversely affect CBI’s case, and may give undue benefits to the perpetrators, the officials said.

“It was noted that such a sluggish and insensitive approach in dealing matters relating to Pocso cases is tantamount to extending undue benefits to perpetrators of such heinous crime,” the official said.

However, the Delhi government rejected the allegations, and instead blamed the LG for the delay in the appointments.

“The matter of appointment of special public prosecutors remained pending due to attempts by the LG to bypass the Delhi government... Instead of the minister, he (the LG) sent the appointment file directly to the Union home ministry. Since the right to appoint special public prosecutors lies with the state government, the Union home ministry refused to appoint them, after which the file came to the minister. All of this it took a lot of time,” the government said in a statement.