The proposal from the Central Bureau of Investigation (CBI) to designate special public prosecutors for the CBI in child abuse cases has been recalled by Delhi Lieutenant Governor VK Saxena. The office of Delhi L-G Saxena confirmed that after the ‘sluggish and insensitive approach’ of the Arvind Kejriwal-led Delhi Cabinet, he forwarded the matter to the home ministry.
As the file was sent to the home ministry, L-G Saxena’s office stated, ‘Such sluggish and insensitive approach (of the Delhi government) 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.’
According to reports, L-G Saxena used his authority under Rule 19(5) of the GNCTD Rules (ToBR), 1993, to order the recall of ministerial-level files that had been languishing for a while. In the public interest, the previously mentioned ToBR provision gives the L-G authority to recall files that have been hanging around with ministers or the chief minister for too long. Regardless of whether the files are allowed or not, the Rule compels the government to deliver them to the L-G.
Speaking about the request, the L-G Saxena office in Delhi claimed that the Kejriwal-led administration had been delaying the CBI proposal’s approval since March of this year, which had a negative impact on how quickly cases involving sexual assaults against children were resolved.
‘The CBI, in December 2022, had requested the issuance of notification for the appointment of CBI senior public prosecutors/prosecutors under section 32 of the Protection of Children from Sexual Offences (POCSO) Act for the trial of child abuse cases in various courts in Delhi and a reminder was also sent on March 15, 2023,’ the Delhi L-G’s office noted.
‘This delay has resulted in stalling the trial of POCSO cases in various special courts of the National Capital for the last nine months. The cases relating to the 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 cognisance of the offence.,’ it added.
The L-G further stated that the case has been ‘with the Delhi Home Minister’ since January of this year. Since March 9, 2023, Kailash Gehlot has served as the Minister-in-Charge (Home Department), taking Satyendar Jain’s place after the Enforcement Directorate detained him in connection with a money laundering investigation.
The Ministry of Home Affairs has received the CBI proposal from L-G VK Saxena in order to use the Central Government’s authority under section 24(8) of the Criminal Procedure Code (CrPC). According to the clause, the federal or state governments may designate a person as a special public prosecutor in any case if they have worked as an advocate for at least ten years.
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