Raj HC pulls up authorities over improper notice to Pocso victims
JODHPUR, Oct. 2 -- Rajasthan high court has directed director general of police, principal secretary, department of law and legal affairs, and member secretary of Rajasthan State Legal Services Authority (RALSA) to ensure immediate compliance with its guidelines on informing parents or guardians of child victims about bail applications in Pocso cases. Justice Sandeep Shah, while hearing a bail application, took note of an improperly served notice produced before the court.
The notice recorded that information about the bail plea had been conveyed to the victim's parent or guardian, but carried only a signature without the name or particulars of the recipient. It also did not mention the date and time of receipt.
The bench referred to one of its earlier orders and said that the order outlines a procedure for serving such information while maintaining the anonymity of the child victim and balancing the rights of the accused and the victim's family.
"In spite of the aforementioned detailed guidelines, day in and day out, in cases pertaining to offences under the Pocso Act, the manner of service continues to be improper, which reflects the lethargic attitude of authorities," the bench observed.
The bench said the failure to properly send information was also delaying the hearing of bail applications. "The adjudication of bail applications for offences under the Pocso Act is being delayed day in and day out due to non-sending of information to the parents/guardians of the victim," it noted.
Under the earlier guidelines, the SHO or investigating officer has to inform child's parents or guardian in writing after receiving bail application through public prosecutor. The receipt must contain recipient's name and signature, along with the specific date and time of receipt. The SHO must also provide a copy of the paper book to the District Legal Services Authority or RALSA to facilitate legal assistance to the victim's family.
The bench noted repeated directions were being required before such information was sent and said resulting delay meant personal liberty of accused-applicants is kept in the dock due to ineffective implementation of the directions....
इस लेख के रीप्रिंट को खरीदने या इस प्रकाशन का पूरा फ़ीड प्राप्त करने के लिए, कृपया
हमे संपर्क करें.