L-G nod to appointment of prosecutors in POCSO cases; AAP govt to approach SC against 'illegal' order

Delhi Lt Governor V K Saxena has approved a proposal for issuing a notification to appoint senior public prosecutors of CBI for trial in 20 POCSO cases after a "delay" of several months on the part of the Arvind Kejriwal government, a Raj Niwas official said on Thursday.

The Kejriwal dispensation, in a statement, alleged the LG issued the orders "behind the back of an elected government" and termed it "illegal" while asserting that it would challenge the order in the Supreme Court.

"Neither the minister nor the chief minister was taken into confidence by the LG. We are surprised that despite facing strong reprimand from the Supreme Court repeatedly, the LG has issued orders without jurisdiction," the statement said.

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However, the Raj Niwas official, in a note, alleged, "The Kejriwal government has been sitting over a trial court order to appoint senior public prosecutors of CBI for speedy disposal of 20 POCSO cases in different courts of the city for the past nine months."

"Constrained by this inaction and unexplained delay on the part of the Kejriwal government, Delhi LG V K Saxena has approved the Home Department proposal to invoke the power of Central Government under Section 24(8) of CrPC and send the proposal for issue of notification for appointment of senior prosecutors, to the Ministry of Home Affairs," the official said.

The file seeking notification by the Delhi government under Section 32 of the Protection Of Children from Sexual Offences Act (POCSO) Act for appointment of the senior public prosecutors of CBI was moved by the home department following a direction by a trial court and subsequent letters by the central probe agency to ensure the same in August and December 2022, he said.

The direction was issued by the trial court to ensure that trials in different POCSO courts are completed within the stipulated time period of one year, as envisaged under Section 35 of the Act.

The proposal for the appointment of prosecutors was moved in January this year by the Home Department and has been pending with Chief Minister Kejriwal since May 8, 2023, the Raj Nivas official claimed.

The file first reached the Home Minister, GNCTD, on 11.01.2023, and subsequently to the chief minister on 16.01.2023. The chief minister marked the file back to the minister-in-charge on 06.02.2023, and after reaching the law minister, GNCTD, through an unspecified date in the file monitoring system, it was submitted back to the chief minister on 08.05.2023. Since then it has been lying unaddressed, he said.

"Even as Chief Minister Kejriwal and his ministers politicised incidents of crime in the city and spoke about the absence of fear of law amongst criminals, when it came to practice they did not even comply with the basic requirements of investigation and justice delivery system," charged the Raj Niwas official.

The ruling AAP dispensation, including Kejriwal, his ministers and leaders of the party have been targeting the Lt Governor over the recent incidents of crimes in the city, including a horrific killing of a teenage girl by a youth in northwest Delhi's Shahabad Dairy area.

The statement from the Kejriwal government alleged that the people of Delhi were "fed up" with the LG, who "instead of maintaining law and order was repeatedly interfering" with the functioning of the elected government.

"Delhi has never seen such a negative-minded LG. At a time when the women of Delhi are feeling unsafe and facing assaults, the LG should be devoting his energies to providing safety to the people of the city," the statement said.

The fresh tussle between the LG and the AAP dispensation in Delhi was stoked with the Centre bringing an ordinance to maintain control over services matters that were given to the elected arm of government in Delhi by the Supreme Court in its verdict on May 11.