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SUPREME COURT OF INDIA
DIPAK MISHRA, CJI., A.M. KHANWILKAR, D.Y. CHANDRACHUD, JJ.
Alakh Alok Srivastava - Petitioner
Versus
Union of India & Ors. - Respondents
Writ Petition (Civil) No. 76 of 2018
Decided On : 12-03-2018
POCSO Act - Protection of Children from Sexual Offences Act, 2012 - The court directed the Registrar Generals of all the High Courts to send intimation about the pendency of cases under the POCSO Act and the status of those cases, and to prepare and provide the data district-wise within four weeks.
Fact of the Case:
The infant has been discharged but is required to undergo another surgery. There are pending cases under the Protection of Children from Sexual Offences Act, 2012, and the time limit provided in the Act is not being followed.
Finding of the Court:
The court directed the Registrar Generals of all the High Courts to send intimation about the pendency of cases under the POCSO Act and the status of those cases, and to prepare and provide the data district-wise within four weeks.
Issues: Pendency of cases under the Protection of Children from Sexual Offences Act, 2012 and the failure to follow the time limit provided in the Act.
Ratio Decidendi: The court found it appropriate to direct the Registrar Generals of all the High Courts to send intimation about the pendency of cases under the POCSO Act and the status of those cases, and to prepare and provide the data district-wise within four weeks.
Final Decision: The matter was listed for further consideration on 20th April, 2018.
ORDER :
It is submitted by Ms. Pinky Anand, learned Additional Solicitor General that the infant has already been discharged, but she is required to undergo another surgery, which has been fixed for 17th April, 2018.
2. At this juncture, a submission has been advanced on behalf of the petitioner that there are many cases under Protection of Children from Sexual Offences Act, 2012 (for brevity, ‘the POCSO Act’), pending for adjudication and the time limit provided in the POCSO Act is not followed.
3. Keeping the above submission in view, it is thought appropriate to direct the Registrar Generals of all the High Courts to send intimation to the Registry of this Court about the pendency of the cases instituted under the Protection of Children from Sexual Offences Act, 2012 and the status of those cases. The Registrar General shall be well advised to constitute a team, if he feels appropriate, after obtaining directions from the learned Chief Justice of the High Court and prepare the data district-wise.
4. Let the data be provided to the Registry of this Court within four weeks hence. The Registry is directed to communicate the order passed today along with the order dated 1st February, 2018, to the concerned Registrar Generals of the High Courts so that they can be made aware of the sensitive nature of situation and prepare the data and send it to the Registry of this Court.
5. Let the matter be listed on 20th April, 2018.
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