In Re: Suo Motu Action For Effective vs NIL

This petition was registered in Suo Motu action by the Court pursuant to the order dated 07.04.2017 passed by the Supreme Court in Writ

Petition (C) No. 203 of 2017. Before the Supreme Court, the issue related to the appointment of independent Public Prosecutors under Section

32 of the Protection of Children from Sexual Offences Act, 2012 [POCSO Act]. The Supreme Court noticed that independent Public Prosecutors

have not been appointed in several States of the country including our State, namely, the State of Meghalaya. The Supreme Court accordingly

directed the concerned High Courts to initiate Suo Motu action in the implementation of Section 32 of the POCSO Act by making appointment of

independent Public Prosecutors. The Supreme Court also expected the High Courts to examine the issues relating to appropriate infrastructure for

child-friendly atmosphere in the Courts where the cases under the POCSO Act were taken up for consideration. The Supreme Court observed as

under:-

..... We consider it just and appropriate to require the Registry of this Court, to transmit to the Chief Justices of the High Courts of the above-

mentioned States, the desire of this Court to require the aforesaid High Courts to initiate suo-motu action for the implementation of Section 32 of

the Protection of Children from Sexual Offences Act, 2012, in the above States and Union Territories, by making appointment of independent

Public Prosecutors.

The writ petition is disposed of in the above terms.

Likewise, the High Courts may also examine the issue of feasibility of existing infrastructure, so that a child-friendly atmosphere is provided in

the Courts, where the cases under the above Act, are taken up for consideration.

This Court by the order dated 03.05.2017, directed the Chief Secretary to file an affidavit in relation to:

(a) Setting up of special Courts for speedy trial of POCSO cases.

(b) The appointment of independent Special Public Prosecutors for dealing only with the POCSO cases.

(c) The present status of infrastructure in the Courts so as to provide child-friendly atmosphere when the cases of POCSO are taken up for

consideration.

(d) The special efforts taken for the investigation of POCSO cases.

(e) The establishment of District Child Protection Units and Special Juvenile Police Units.

Based on the aforesaid directions, an affidavit of the Chief Secretary has been filed, which indicates that the Special Courts have already been

set up in all the districts and independent Special Public Prosecutors already been appointed. It was also stated that necessary child-friendly

atmosphere infrastructure has been created, special efforts have been taken with regard to the investigation on POCSO cases and that the District

Child Protection Units and Special Juvenile Police Units have already been established.

Shri P Yobin along Ms. P Sikdar, Amicus Curiae appointed by the Court have gone through the affidavit and contend that necessary

compliance has been made by the State Government.

In view of the aforesaid, substantial compliance of the directions of the Supreme Court have been made. The present PIL is accordingly

consigned to the records.