Delhi LG recalls files related to appointment of Special Public prosecutors for CBI in POCSO cases

New Delhi: Delhi Lieutenant Governor VK Saxena on Saturday recalled files related to the appointment of Special Public prosecutors for the Central Bureau of Investigation (CBI) in the Protection of Children from sexual offences (POCSO) cases. 

"Invoking Section 19(5) of the ToBR, Delhi LG recalls files related to the appointment of SPPs for CBI in POCSO cases, pending since January 2023. LG takes serious note of the delay on the part of GNCTD in issuing notification for the appointment of Special Public Prosecutors (SPPs) for the CBI. This delay has resulted in stalling the trial of POCSO cases in various special courts of the National Capital for the last nine months," an official statement issued by the LG office said. 
The LG has taken serious note of the delay by GNCTD to issue notification for the appointment of Special Public Prosecutors (SPPs) for CBI, which has resulted in stalling the progress of trials in POCSO cases in various special courts of the National Capital for the last nine months.

CBI in December 2022 had requested for issuance of notification for the appointment of CBI senior public prosecutors/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, 2023.

The LG noted that the file in this regard had been inordinately delayed, while it kept moving from the Minister-in-charge to the Chief Minister.
"The file with a proposal to this effect has been pending since January this year. Initially, the file was submitted by the Home Department to the Minister-in-Charge on 11.01.2023 and subsequently, it was forwarded to the Chief Minister on 16.01.2023, who returned it to the Minister-in-Charge on 6.2.2023," an official statement said. 

Kailash Gehlot is the Minister-in-Charge (Home Department) since March 9, 2023. He has replaced Satyendar Jain, who was arrested by the Enforcement Directorate in a money laundering case.

The cases relating to the Protection of Children from Sexual Offences (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 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 crimes.

Owing to the delay, the Home Department moved for approval of the LG in this matter," the statement said. 
Accordingly, LG Saxena accorded approval to the proposal for obtaining the nod of the Ministry of Home Affairs, Government of India, for appointment notification of senior Public Prosecutor/Public Prosecutor of CBI as SPPs in the POCSO (Protection of Children from Sexual Offences Act) cases.

Since the issue of appointment was pending at the level of Minister-in-Charge for a long, the Principal Secretary (Home), proposed that the matter be referred to the Ministry of Home Affairs, GoI for invoking the powers of Central Government under section 24(8) of the Criminal Procedure Code (CrPC), and approval of MHA be obtained and conveyed to the CBI.

CBI has 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/groups.