Cannot pass guidelines for expeditious disposal of POCSO trials: Bombay High Court

The Bombay High Court on Monday refused to entertain a plea seeking directions to special courts for expeditious disposal of cases under the Protection of Children from Sexual Offences Act (POCSO Act). .A bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar directed the petitioner Rashmi Taylor to approach an ad-hoc committee comprising High Court judges with her request. The Court said that since the nature of prayers in the petition could amount to entering into legislative domain, it would be appropriate not to exercise its writ jurisdiction in the plea.“We consider it appropriate to grant opportunity to petitioner who has been working to uplift victims of sexual assault to approach the ad-hoc committee of high court and address their grievance before the committee” the Bench held.The petition, besides seeking expeditious disposal of POCSO trials, also sought directions to special courts to record evidence of all victims in all POCSO matters within 30 days of court taking cognizance of offence.The plea also sought directions to record the evidence of victim and witnesses in a particular POCSO case of 2018 within 2 months..When the petition was taken up for hearing, the Court asked the petitioner, Rashmi Taylor, to satisfy how the Court could exercise its extraordinary jurisdiction under Article 226 of the Constitution“The petitioner can approach the committee with suggestions and that can be taken care by. The committee can issue directions, before we pass judicial orders. It is the end that matters, not the means,” the Bench remarked.The Court was informed that the ad-hoc committee of High Court included High Court judges Justices Revati Mohite Dere, AS Gadkari and Bharati Dangre.The petitioners were granted opportunity to approach the committee and, thereafter, if required approach the Chief Justice on the administrative side for further orders.