NEW DELHI: (PTI) The Delhi high court was on Wednesday informed that there are 200-600 cases of sexual offences against children pending in each of the designated courts in six district courts here set up under the POCSO Act and more public prosecutors are needed to handle them.
A bench of chief justice G Rohini and Justice Jayant Nath was also told that the Delhi government did not apply its mind when it had informed the court that the lone public prosecutor in each designated POCSO court can handle the burden of cases. The submissions were made by an advocate, who has filed a PIL on lack of number of independent public prosecutors in courts handling cases under the Protection of Children from Sexual Offences (POCSO) Act, in his rejoinder to the Delhi government’s affidavit of December 24, 2014.
The city government in its affidavit had said there were 3,216 cases relating to sexual offences against children under POCSO Act pending before different sessions courts in capital and the public prosecutors appearing there can handle them “as it is not much in number to create pressure or burden”.
Refuting the government’s contention, advocate Gaurav Kumar Bansal has said in his rejoinder that “as per the list of pending cases provided by additional secretary (home), Delhi government, the court of ASJ-1 of every district of national capital are overburdened and the number of cases in every court of Additional Sessions Judge(ASJ)-1 varies from 200 to 600 cases”.
“The statement made by the Delhi government that the public prosecutor appearing in the court can handle cases under POCSO Act and it is not much in number as to create pressure / burden is uncalled for and reflects the non application mind,” he has said.
He has contended that he found out under the Right to Information (RTI) Act that each special court not only handles cases under POCSO, but also deals with cases under Drugs and Cosmetics Act, MCOCA, SEBI Act apart from general trial cases.
He has said that looking at the number of cases under the POCSO Act as well as other Acts in each of the special courts, completion of trial within stipulated time was not possible if more independent special public prosecutors are not appointed.
A bench of chief justice G Rohini and Justice Jayant Nath was also told that the Delhi government did not apply its mind when it had informed the court that the lone public prosecutor in each designated POCSO court can handle the burden of cases.
The city government in its affidavit had said there were 3,216 cases relating to sexual offences against children under POCSO Act pending before different sessions courts in capital and the public prosecutors appearing there can handle them “as it is not much in number to create pressure or burden”.
Refuting the government’s contention, advocate Gaurav Kumar Bansal has said in his rejoinder that “as per the list of pending cases provided by additional secretary (home), Delhi government, the court of ASJ-1 of every district of national capital are overburdened and the number of cases in every court of Additional Sessions Judge(ASJ)-1 varies from 200 to 600 cases”.
“The statement made by the Delhi government that the public prosecutor appearing in the court can handle cases under POCSO Act and it is not much in number as to create pressure / burden is uncalled for and reflects the non application mind,” he has said.
He has contended that he found out under the Right to Information (RTI) Act that each special court not only handles cases under POCSO, but also deals with cases under Drugs and Cosmetics Act, MCOCA, SEBI Act apart from general trial cases.
He has said that looking at the number of cases under the POCSO Act as well as other Acts in each of the special courts, completion of trial within stipulated time was not possible if more independent special public prosecutors are not appointed.
