Kerala High Court quashes GO permitting POCSO prosecutors to conduct non-POCSO cases

The Kerala High Court has ruled that a State Government Order (GO) permitting Special Public Prosecutors (SPP) for POCSO cases to also appear in cases that do not fall under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is legally unsustainable [District Bar Association & anr v State of Kerala & ors].

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM reiterated that POCSO prosecutors must exclusively handle POCSO cases.

"The Government Order permitting Special Public Prosecutors appointed for POCSO cases to conduct non-POCSO cases cannot be sustained," the Court said.

The Court passed the order in a public interest litigation (PIL) petition filed by District Court Bar Association at Thodupuzha-Muttom and its Secretary, Shaji Joseph. The petitioners had challenged a GO allowing prosecutors appointed for POCSO cases to also handle cases under the Juvenile Justice (Care and Protection of Child) Act, 2015 (JJ Act).

In its October 14 ruling, the High 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 top court, at the time, also ordered all States to take steps to appoint exclusive Public Prosecutors in all the courts which have been set up exclusively for POCSO cases.

In view of this, the High Court ruled that prosecutors appointed for POCSO cases cannot be assigned other cases. It proceeded to direct the State to appoint public prosecutors exclusively for POCSO cases within a period of six weeks.

The Court also considered an affidavit submitted by the Registrar (District Judiciary) detailing the number of additional POCSO courts required in Kerala. It proceeded to direct the State government to consider establishing 13 additional permanent POCSO Special Courts, one in each district, except Ernakulam.

It further directed the Registrar to ensure that all existing POCSO courts have the facilities required under the POCSO Act and the guidelines under the JJ Act.

The Court also directed the State to provide the necessary financial assistance to improve the infrastructure of the POCSO Courts in Kerala, before closing the PIL petition.

Senior counsel Ranjith Thampan along with advocates VM Krishnakumar, PR Reena and Pooja Sunil appeared for the petitioners.

The State was represented by Director General of Prosecution (DGP), T Asaf Ali.

Advocate Harikumar G appeared for the High Court administration.

[Read Judgment]