Delhi Lieutenant Governor VK Saxena, invoking special powers as per the Transaction of Business Rules, has decided to transfer the Central Bureau of Investigation's (CBI) proposal concerning the appointment of special public prosecutors for child abuse cases. This action was taken due to what Delhi's L-G Saxena's office described as the "slow and insensitive approach" of the Arvind Kejriwal-led Delhi Cabinet.
Highlighting the gravity of the matter, L-G Saxena's office stated that the Delhi government's lethargic and unresponsive handling of cases related to rape and the POCSO Act appeared to be providing undue advantages to the perpetrators of these heinous crimes. Consequently, the matter has been referred to the home ministry.
It is noteworthy that L-G Saxena exercised his authority under Rule 19(5) of the Transaction of Business of the GNCTD Rules (ToBR), 1993. This rule empowers the L-G to recall files that have been pending for an extended period with ministers or the chief minister when it is in the public interest to do so. Importantly, this rule obligates the government to forward files to the L-G, irrespective of whether they have been approved or not.
Regarding the proposal, Delhi's L-G Saxena's office indicated that the Kejriwal-led administration had been delaying the approval of the CBI's proposal since March of this year, negatively impacting the expeditious delivery of justice in cases involving sexual offences against children.
"The CBI, in December 2022, had requested the issuance of a 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," noted the Delhi L-G's office.
"This delay has resulted in the suspension of POCSO case trials in various special courts of the National Capital for the last nine months. Cases under the POCSO Act involve sensitive matters, and as per the law, trials in these cases are required to be completed within one year from the date of the offence being taken cognizance of," it further emphasized.
The L-G also pointed out that the file had been pending since January of this year and was "with the Delhi Home Minister." Kailash Gehlot has held the position of Minister-in-Charge of the Home Department since March 9, 2023, when he replaced Satyendar Jain, who was apprehended by the Enforcement Directorate in a money laundering case.
L-G VK Saxena has forwarded the CBI proposal to the Ministry of Home Affairs to exercise the authority of the Central Government under section 24(8) of the Criminal Procedure Code (CrPC). This section empowers the central or state government to designate an advocate with at least ten years of practice as a Special Public Prosecutor for any case.
