Allahabad HC Orders Action Against CWC Chairman For Failure To Follow 'Junaid Case' Guidelines In Case Of 12-Yr-Old Sexual Assault Victim

The Allahabad High Court on Tuesday ordered action against the Chairman, Child Welfare Committee of district Pilibhit who failed to follow the guidelines laid down by the High Court in the case of Junaid Vs. State of U.P. and another.

It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a timeline for the disposal of bail applications under the POCSO Act, 2012.

The Court had also issued a direction to the police and the Child Welfare Committee to inform the aggrieved/victim party on getting the notice of the bail application of the accused, inform them about their rights, provide legal services, etc.

Essentially, while refusing to grant bail to a POCSO Accused, Shivani Mishra, the Bench of Justice Ajay Bhanot noted that directions issued by the Court in Junaid Case had not been complied with and the protection guaranteed to child victim under the POCSO Act read with Rules have not been provided to the victims in the instant case.

In the instant case, the Victim is of 12 years of age, who was allegedly taken away by the Bail applicant (Shivani Mishra) when she was celebrating Holi and the applicant, along with other co-accused, bathed the victim and got her dressed in a saree.

The bail applicant blindfolded her and took her to a temple, and against her wishes, the applicant got one Nitin Mishra to apply sindoor on her head, and thereafter, certain ceremonies were performed by one Nitin Mishra.

Thereafter, she was given an intoxicating substance due to that she lost consciousness after consuming the liquid, and further, Nitin Mishra forced himself upon her. 

Taking into account the facts of the case and denying bail to the applicant, the Court took note of the lapses on the part of the state authorities as it observed thus:

"The victim is illiterate and apparently comes from a poor background. The legislature had provided for protection to such class of victims. By denying the aforesaid protection to the victim the State authorities specially Child Welfare Committee has acted in callous and high handed manner."

In view of this, the Court directed the Principal Secretary, Department of Women & Child Development, Government of U.P. Lucknow, to take action against the Chairman, Child Welfare Committee of district Pilibhit and file a compliance affidavit before the Registrar General of the Court within a period of one month

Further, the Court noted that even the police authorities have not made full compliance of the directions issued in the Junaid case, therefore, the Court directed the Director General of Police, U.P. Lucknow to ensure that appropriate action be taken as per law and an affidavit before the Registrar General of the Court be filed.

Case title - Shivani Mishra v. State Of U.P And Another 

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