Delhi L-G approves appointment of public prosecutors in POCSO cases

New Delhi, October 12

Delhi’s Lieutenant Governor (L-G) VK Saxena on Thursday gave the nod for the appointment of four special public prosecutors (SPP) for Central Bureau of Investigation (CBI) to speed up trials in cases registered under the Protection of Children from Sexual Offences (POCSO) Act.

These cases remained stalled for the past nine months in the absence of public prosecutors. Saxena had sought details of files related to the appointments on September 22.

Trials stalled for nine months

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• The CBI in December 2022 had requested for the issuance of notification for the appointment of SPPs to deal with POCSO cases in various courts at Delhi. A reminder was sent on March 15.
• In the absence of public prosecutors, trials in the cases registered under the Protection of Children from Sexual Offences Act remained stalled for past nine months.

“The L-G had called the files pertaining to the appointment of the SPPs in CBI POCSO cases invoking provisions of Rule 19 (5) of the Transaction of Business of Government of National Capital Territory of Delhi (GNCTD) Rules (ToBR), 1993,” an official said.

According to the officials, the file had been moving from the Minister-in-charge to the Delhi Chief Minister since January. However, after the L-G called the files, they were submitted to him to approve the proposal, which had inordinately been delayed.

Delhi Chief Minister Arvind Kejriwal had earlier said the L-G did not have the power to approve the appointment of SPPs in these cases, an official added.

On October 6, the CM had endorsed the file containing the proposal for issuance of notification on the appointments to be submitted to the L-G.

An official at the L-G’s office said, “The Minister, (Home), the Government of NCT of Delhi (GNCTD), sought opinion from the Law Department, which said the matter needed to be processed expeditiously to obtain the opinion of the L-G so that the notification for the appointment of SPPs may be issued under Section 32 of the POCSO Act, 2012.”

“The L-G had also referred the matter to the Union Ministry of Home Affairs for necessary appointments under Section 24 (8) of the CrPC,” the official added.

He said, “These files had been pending at the level of the Minister (Home) of the GNCTD since February, having been moved between him and the CM since January.”

The CBI in December 2022 had requested for the issuance of notification for the appointment of SPPs to deal with POCSO cases in various courts in Delhi. A reminder was sent on March 15,” the official said.

He added that the cases related to the POCSO Act are sensitive in nature and have to be completed in a year from the date of cognisance of offence.