The Kerala High Court has struck down a State Government Order allowing Special Public Prosecutors appointed to handle cases under the Protection of Children from Sexual Offences (POCSO) Act to also conduct cases under other laws, including the Juvenile Justice Act.
A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar VM held that prosecutors appointed specifically for POCSO cases must be exclusively assigned to such matters.
“The Government Order permitting Special Public Prosecutors appointed for POCSO cases to conduct non-POCSO cases cannot be sustained,” the Court observed.
The ruling came in a public interest litigation filed by the District Court Bar Association at Thodupuzha-Muttom and its Secretary, Shaji Joseph. The petition challenged the State’s decision to allow POCSO prosecutors to take up cases under the Juvenile Justice (Care and Protection of Children) Act, 2015.
In its October 14 judgment in District Bar Association & anr v State of Kerala & ors, the High Court relied on a Supreme Court ruling delivered in 2020. The apex court had clarified that Special Public Prosecutors appointed under the POCSO Act should not be entrusted with cases falling outside its scope. It had also directed States to appoint dedicated public prosecutors for courts exclusively established to try POCSO offences.
Finding the State Government Order inconsistent with these directions, the High Court set it aside and directed Kerala to appoint public prosecutors exclusively for POCSO cases within six weeks.
Court flags need for more POCSO courts
Beyond the question of prosecutorial assignments, the Bench examined the infrastructure available for handling cases involving offences against children.
Taking note of an affidavit filed by the Registrar (District Judiciary) on the requirement for additional POCSO courts, the Court directed the State government to consider setting up 13 additional permanent POCSO Special Courts — one in every district except Ernakulam.
The Bench also asked the Registrar to ensure that all existing POCSO courts have the facilities mandated under the POCSO Act and the applicable guidelines under the Juvenile Justice Act.
The State government was further directed to provide the financial assistance needed to upgrade court infrastructure.
With these directions, the High Court brought the public interest litigation to a close, emphasising the need for dedicated prosecution arrangements and adequately equipped courts to deal with cases under the POCSO Act.