SHILLONG: The High Court of Meghalaya on Wednesday stressed on the need for setting up special courts and other initiatives to deal with POCSO cases and asked the chief secretary to submit a special affidavit stating the steps taken in this regard.
The court, while hearing a petition registered in a suo motu action by the court itself in view of the order passed by the Supreme Court last month, sought details of special courts, appointment of independent Special Public Prosecutors for POCSO cases, present status of infrastructure in courts to provide child-friendly atmosphere when POCSO cases are taken up, special efforts taken for the investigation of POCSO cases and establishment of the District Child Protection Units and Special Juvenile Police Units.
In the first session, the court had requested the additional senior government advocate, K. Khan, to take instructions in the matter and also asked the chief secretary to be present for the order to be passed.
In the second sitting of the court, Khan was present with the chief secretary as also with the Secretary, Law Department.
In the writ petition, the issue relating to the appointment of independent public prosecutors under Section 32 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) was raised.
The Supreme Court noticed that independent public prosecutors had not been appointed in many States, including Meghalaya. It expected the concerned high courts to initiate suo motu action for implementation of Section 32 of the POCSO Act for appointing independent public prosecutors.
The Supreme Court also expected high courts to examine the issues relating to appropriate infrastructure for child-friendly atmosphere in courts where cases under the POCSO Act are taken up for consideration.
The court said before filing of the affidavit, the chief secretary may examine the shortcomings in the areas. For this, he may issue appropriate directions for removing the shortcomings on a priority basis.
“Yet if the shortcomings remain in regard to the aspects indicated above, it shall be required of the chief secretary, while filing the affidavit, to specifically state the reasons therefore,” the order added.
Counsel P. Yobin and Poulomi Sikdar were also appointed as amicus curiae to assist the court in this matter and their fees will be paid by the Government of Meghalaya as directed by the Court.
The matter has been listed for hearing again on May 29.
High Court’s intervention
l Setting up of Special Courts for speedy trial of POCSO cases.
l Appointment of independent Special Public Prosecutors for dealing only with POCSO cases.
l Present status of infrastructure in courts so as to provide child-friendly atmosphere when POCSO cases are taken up for consideration.
l Special efforts to be taken for the investigation of POCSO cases.
l The establishment of District Child Protection Units and Special Juvenile Police Units.