HC agrees to hear plea on non-appointment of independent SPPs

The Delhi High Court today agreed to hear a plea alleging the government has not appointed independent special public prosecutors to handle cases under the Protection of Children from Sexual Offences (POCSO) Act.
The application was mentioned before a bench of justices B D Ahmed and S Mridul which, however, refused to give an urgent hearing to the application and said it will be taken up next week.
The application, filed by advocate Gaurav Kumar Bansal, alleges all the special public prosecutors (SPPs) who have been appointed to handle the cases under POCSO Act are already handling various other criminal matters.

He sought an urgent hearing of his plea, contending that as per NCPCR data there are over 4000 POCSO cases in various district courts and hearing in these would be delayed if independent or unattached SPPs are not appointed.
Bansal has contended the powers of SPP have been conferred upon the Additional Public Prosecutors (APPs) to deal with cases pending in courts set up under POCSO Act.
He has contended the government's decision to confer the powers of SPP on already attached APPs is contrary to the high court's orders to appoint independent SPPs.

"It is respectfully submitted that this Court, through its various orders, has categorically directed the Government of NCT of Delhi to appoint Independent SPPs under the POCSO Act.

"However, despite of the Court's intervention, the government has failed to implement the same in its letter and spirit," the application has alleged.
It has also contended that the government's May 15, 2014 notification conferring SPP powers on attached APPs "is nothing but merely an eyewash".
On April 16, the Centre had told the high court that it has given a go-ahead to the city government to appoint SPPs in each special court set up to handle sexual offence cases against children.
The high court had thereafter asked the city government to appoint the SPPS within four weeks and disposed of Bansal's PIL.

It had, however, granted Bansal the liberty to seek revival of the PIL if Delhi government fails to implement its order.