Kochi : The high court has directed the state govt to appoint special public prosecutors exclusively for Pocso cases within six weeks.
The bench of Chief Justice Soumen Sen and Justice V M Syam Kumar was considering a PIL filed by the district court bar association, Thodupuzha-Muttom, challenging a govt order that allows special public prosecutors appointed for Pocso cases to handle non-Pocso cases filed under the Juvenile Justice (Care and Protection of Children) Act, 2015. Despite the state govt justifying the decision by arguing that no law bars such an arrangement, the bench rejected the argument, referring to a 2020 Supreme Court order in a suo motu case. The bench also directed the state govt to consider establishing the remaining 13 permanent, exclusive Pocso special courts, one in each district except Ernakulam, in compliance with the apex court’s directions.
In the order, the apex court emphasised the need to appoint special public prosecutors exclusively to conduct Pocso cases. It also observed that the job assigned to public prosecutors handling Pocso cases is onerous and must be carried out with great care and sensitivity. Hence, there is a need not only to appoint exclusive public prosecutors but also to develop a training programme to equip them to deal with issues that may arise in their courts. Referring to the decision, the HC division bench held that the impugned govt order permitting special public prosecutors appointed for Pocso cases to conduct non-Pocso cases could not be sustained. The decision in this regard shall be communicated to the high court administration within four weeks. Additionally, the bench directed the registrar (district judiciary) to ensure that all Pocso courts conform to the provisions of the Pocso Act . If any existing Pocso court does not comply with any of the prescribed requirements, immediate steps shall be taken to make the necessary additions and alterations to ensure compliance with the Pocso Act and the guidelines under the JJ Act, the bench added.