In a recent ruling, the Kerala High Court declared a State Government Order invalid, which allowed Special Public Prosecutors assigned to POCSO cases to handle non-POCSO matters. Chief Justice Soumen Sen and Justice Syam Kumar VM delivered this judgment in response to a public interest litigation petition filed by the District Court Bar Association at Thodupuzha-Muttom and its Secretary, Shaji Joseph, challenging the order’s legality.
The petitioners had challenged a Government Order allowing prosecutors appointed for POCSO cases to also handle cases under the Juvenile Justice Act, 2015. The Court observed that in 2020, the Supreme Court had clarified that an SPP appointed under the POCSO Act should not deal with non-POCSO cases.
The High Court directed the State to appoint public prosecutors exclusively for POCSO cases within six weeks. It also considered an affidavit detailing the number of additional POCSO courts required in Kerala and directed the State government to consider establishing 13 additional permanent POCSO Special Courts.
The Court further directed the Registrar to ensure that all existing POCSO courts have the necessary facilities and directed the State to provide financial assistance to improve the infrastructure of the POCSO Courts in Kerala.
Senior counsel Ranjith Thampan, along with advocates VM Krishnakumar, PR Reena, and Pooja Sunil, appeared for the petitioners, while the State was represented by Director General of Prosecution T Asaf Ali.
The Court ruled that the State Government Order is legally unsustainable.
The High Court’s decision will likely have an impact on the handling of POCSO cases in Kerala. This will ensure that these cases are handled in a manner that is consistent with the POCSO Act.
