New Delhi, Sep 23 Delhi L-G V.K Saxena on Saturday took serious note of delay on part of the Delhi government in issuing notification for appointment of Special Public Prosecutors (SPPs) for the Central Bureau of Investigation (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.
He also recalled all the files and referred them to Union Ministry of Home affairs for necessary appointments, officials said.
According to LG House officials, the L-G by invoking Rule 19 (5) of the Transaction of Business of GNCTD Rules, 1993 in public interest, recalled all the files or proposals, for appointment of Special Public Prosecutors or Public Prosecutors for CBI in POCSO cases and referred the same to the Ministry of Home Affairs, government of India for necessary appointments or notifications under section 24(8) of Criminal Procedure Code (CrPC).
The official said that these extremely important files had been pending at the level of the Home Minister the Delhi government since February 2023, after having moved between him and Chief Minister Arvind Kejriwal in January 2023.
The official said that the L-G has taken serious note of the delay by the Delhi government to issue notification for 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.
The official said that the CBI in December 2022 had requested for issuance of notification for appointment of CBI senior public prosecutors or prosecutors under section 32 of the POCSO Act for trial of POCSO cases in various courts in Delhi and a reminder was sent on March 15, this year.
The official said that Saxena 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 January 11 this year and subsequently it was forwarded to the Chief Minister on January 16, who returned it to the Minister-in-Charge on February 6,” the official said.
The official further said that Kailash Gehlot is the Minister-in-Charge (Home Department) since March 9, 2023.
Gehlot replaced Satyendar Jain, who was arrested by the Enforcement Directorate (ED) in money laundering case.
The official said that the cases relating to Protection of Children from Sexual Offences (POCSO) Act are sensitive in nature and as per law the trial in these cases are to be completed within one year from the date of cognisance of 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.
The L-G House official also said that it was noted that such sluggish and insensitive approach in dealing matters relating to cases of rape and POCSO Act, tantamount to extending undue benefits to perpetrators of such heinous crime.
“Owing to the delay, the Home Department moved for approval of the L-G in this matter. Accordingly, Saxena accorded approval to the proposal for obtaining the nod of the Ministry of Home Affairs, Government of India, for appointment notification of SSP or PP of CBI as SPPs in the POCSO cases,” the officials said.
They further said that since the issue of appointment was pending at the level of Minister-in-Charge since long, Principal Secretary (Home), proposed that the matter be referred to MHA for invoking the powers of Central Government under section 24(8) of Criminal Procedure Code (CrPC), and approval of MHA be obtained and conveyed to the CBI.
The official said that the 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 or groups.
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