POCSO Cases- Allahabad HC Calls Upon Local Police, CWCs To Strictly Comply With 'Junaid Case' Directions On Rights Of Victims

The Allahabad High Court on Monday observed that in all cases pertaining to the POCSO Act, the directions issued by the High Court in Junaid Vs. State of U.P. and another have not been complied with by the local police as well as the CWC of the concerned district.

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.

Read more about the case here: Allahabad High Court Issues Directions & Timeline For Disposal Of Bail Applications Under POCSO Act, 2012

Essentially, while dealing with a bail petition filed by a POCSO Accused, the Bench of Justice Ajay Bhanot on Monday noted that prima facie, the police authority had not only disobeyed the orders passed by the Court in Junaid case but had also undermined the rights of the victim.

The Court further noted that in the instant case, the CWC had also not entered appearance before this Court and the instructions sent by the local police did not show the compliance of the directions in the Junaid case.

However, the Court did note that the Director-General of Police, State of U.P., had issued specific directions in this regard to his forces, but, the Court added, the directions of the Director-General of Police, State of U.P., are being observed more in breach.

Further, stressing that the police is a disciplined force and in case police officers fail to obey the lawful command of their superior here like D.G.P., they are liable to be proceeded against as per law, the Court observed thus:

"It is a matter of grave concern for the Court that the disobedience of orders passed by this Court in Junaid (supra) has effectively frustrated the legislative intent of enacting the POCSO Act read with POCSO Rules."

Against this backdrop, the Director-General of Police, State of U.P., was directed to file his personal affidavit in all connected cases regarding the cause for failure to comply with the Junaid case and the action taken against the concerned officials.

Also, noting that it was not clear whether CWC had complied with the directions of the Court and implemented the protection to the victim by POCSO Act read with POCSO Rules, the Court directed the Principal Secretary, Child Welfare Department, Government of U.P., to file a personal affidavit in this regard and ensure implementation of Junaid case guidelines.

Lastly, considering the enormity of the problem, the Court requested M. C. Chaturvedi, Additional Advocate General to assist the Court and to take instructions from the Director-General of Police, Government of U.P.; Principal Secretary, Child Welfare, Department, Government of U.P., and other officials and also, independently assist the Court regarding the manner of ensuring faithful implementation of the POCSO Act read with POCSO Rules in the State of U.P.

Case title - Jai Hind @ Babu v. State of U.P. and Another

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