Delhi Lieutenant Governor Vinai Kumar Saxena has approved Chief Minister Rekha Gupta’s proposal to expand the ambit of three designated Special Courts to deal with cases against ex-MLAs and ex-MPs.
The courts till now deal with cases against MPs and MLAs under the CPCR Act and POCSO Act, Raj Niwas said on Wednesday.
The courts designated for this purpose are Court of Special Judge (PC Act)(CBI)-09, Rouse Avenue, Court of Special Judge (PC Act)(CBI)-23, Rouse Avenue and Court of Special Judge (PC Act)(CBI)-24, Rouse Avenue.
Earlier in July, 2023, Saxena had approved the setting up of 03 designated / Special Courts to deal with the cases against MPs and MLAs under the Commissions for Protection of Child Rights (CPCR) Act, 2005 and the Protection of Children from Sexual Offences (POCSO) Act, 2012 at the Rouse Avenue Court Complex in the Capital.
This notification had come following the Delhi High Court’s direction to this effect in 2020. However, the previous Kejriwal Government had inordinately delayed their notification for more than 03 years.
The proposal to this effect, seeking LG’s approval for the creation of these designated / Special Courts under Section 25 of the CPCR Act and Section 28 of the POCSO Act was moved by the WCD Department and vetted by the Law Department.
These 03 Courts are in addition to the 08 courts already notified to deal with the cases relating to trial of offences against children, violation of child rights and for trial of offences under the POCSO Act.
Of Section 28 (1) of the POCSO Act states that for the purposes of providing a speedy trial, the state government shall in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district, a court of session to be a special Court to try the offences under the Act.
Section 25 of the CPCR Act states that for the purpose of providing speedy trial of offences against children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the state or specify, for each district, a Court of Session to be a Children’s Court to try the said offences: Provided that nothing in this section shall apply if – (a) A Court of Session is already specified as a Special Court or (b) A Special Court is already constituted, for such offences under any other law for the time being in force.
