Kerala HC Issues General Directions For Investigation And Trial In POCSO Cases [Read Order]

first_imgNews UpdatesKerala HC Issues General Directions For Investigation And Trial In POCSO Cases [Read Order] LIVELAW NEWS NETWORK9 Sep 2020 4:40 AMShare This – xThe Kerala High Court has issued general directions to be followed by the Investigating authorities and Trial Courts while dealing with POCSO crimes and cases. Justice PB Suresh Kumar observed that lack of professionalism is writ large in the investigations in POCSO cases. The Court issued the following directives in exercise of the power under Articles 226 and 227 of the Constitution…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Kerala High Court has issued general directions to be followed by the Investigating authorities and Trial Courts while dealing with POCSO crimes and cases. Justice PB Suresh Kumar observed that lack of professionalism is writ large in the investigations in POCSO cases. The Court issued the following directives in exercise of the power under Articles 226 and 227 of the Constitution of India, with a view to protect the children involved in the cases from the risk of secondary victimisation and to make the justice delivery under the statute effective and meaningful. The State Government shall take immediate steps to make the One-Stop Support Centres directed to be established by the Apex Court in Nipun Saxena, operational. The State Government shall thereafter establish in a time bound manner as many One-Stop Support Centres needed in the State, so that victims of cases arising under the POCSO Act need not go anywhere else for the purposes of the POCSO ActThe State Government shall appoint a Nodal Officer at the appropriate level, within two months from the date of receipt of a copy of the judgment, to coordinate the activities of the various Government Departments towards implementation of the provisions of the POCSO Act, and that officer shall identify and resolve the issues that impede the proper implementation of the POCSO Act in the State in the manner in which it is conceived. That officer shall also be the one point contact for all stakeholders to place before the Government the various issues that impede the implementation of the statute to be tackled by the Government.The Nodal Officer so appointed shall be responsible for coordinating the training of the various stakeholders including the Police personnel in juvenile justice principles, to ensure consistency in their approach.The Registrar (Subordinate Judiciary) of this Court shall, in coordination with the Nodal Officer of the State Government and the Kerala Judicial Academy, impart to the Presiding Officers of the Special Courts training in juvenile justice principles from the best available resources, including the training of UNICEF.The State Government shall consider whether the Child Protection Officers and Child Welfare Officers in the Police force could be formed into a separate cadre, so that they would function as Child Protection Officers and Child Welfare Officers wherever they are transferred and if it is not possible, ensure that Child Protection Officers and Child Welfare Officers are posted in every police station after appropriate training.The State Government shall take immediate steps to fill up the vacancies in the Forensic Science Laboratories in the State to ensure that shortage of man power in the Laboratories is not hampering investigations and trials of the cases arising under the POCSO Act.The State Government shall take appropriate steps forthwith to ensure that competent among the eligible aspirants for appointment as Special Public Prosecutor are appointed to that post.The Director General of Prosecution and the State Public Prosecutor shall ensure that the Special Public Prosecutors conducting prosecution in cases arising under the POCSO Act are imparted proper training either directly or in co-operation with the Kerala Judicial Academy.The State Police Chief shall designate a woman IPS officer in every district, to oversee and ensure that the investigations of cases arising under the POCSO Act are conducted strictly adhering to the provisions contained in the POCSO Act and the Rules made thereunder and having due regard to the guidelines formulated under Section 39 of the POCSO Act. If a woman IPS Officer is not available in a district, the State Police Chief would be free to designate one of the available IPS officers for the said purpose.The IPS officer so designated shall ensure that investigation of the cases arising under the POCSO Act are conducted only by the officers who are trained in Juvenile Justice Principles. The IPS officer so designated shall ensure that statements of the children involved in the cases are taken only by trained officers, adhering to the guidelines prepared by the State Government in this regard.The IPS officer so designated shall ensure that statements of the children involved in the cases are taken only when they are physically and psychologically fit to give statements.The Magistrate or Police officer recording the statements of the children involved in the cases shall, wherever possible, ensure that the audio and video of the same are recorded, as provided for under Section 26(4) of the POCSO Act.The IPS officer so designated shall ensure that evidence to prove the sexual abuse through physical as well as behavioural indicators are also collected in every case, having due regard to the guidelines formulated by the State Government in this regard.The IPS officer so designated shall ensure that the experts in the field of Psychology and Psychiatry are cited as witnesses in cases where the behavioural indicators of the child need to be explained. The IPS officer so designated shall ensure that the investigating officers are not swayed by any sort of pressures from any corner, whatsoever, including media.The IPS officer so designated shall ensure that the medical evidence collected by the investigating officers in the cases are consistent with the statements of the children and if not, take necessary steps to conduct further probe as to the inconsistency.The IPS officer so designated shall ensure, before filing the final report in every case, that satisfactory evidence is collected to arrive at the conclusion as to the guilt or innocence of the accused, and if the case is built solely on the statement of the child, ensure also that the statement of the child is one voluntarily given, if necessary, by examining the audio/video recording of the statement and shall, if necessary, obtain the opinions of Psychologists, Psychiatrists and other experts in the field to ensure the correctness of the statements.The Kerala State Legal Services Authority shall prepare a separate panel of experienced advocates having sufficient standing to represent child victims of sexual abuse cases to advise their family/guardians as to their rights and for rendering necessary legal aid to them in the various proceedings in respect of the child. As and when the first information report concerning an offence under the POCSO Act is furnished to the Special Court, the Special Court shall give a communication to the District Legal Services Authority concerned and the District Legal Services Authority shall provide a lawyer to the family or the guardian of the child forthwith, if the family or the guardian of the child are unable to afford a lawyer.The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Legal Services Authority for the various benefits to which the child is entitled to, including the benefits in terms of the guidelines issued by the Government under Section 39 of the POCSO Act.The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Special Court for appropriate directions for interim compensation, after the registration of the first information report, as provided for under Rule 9 of the Protection of Children from Sexual Offences Rules, 2020, and if interim compensation is ordered by the Special Court, the same shall be forthwith paid to child by the Legal Services Authority.The lawyer engaged by the family or the guardian of the child, or the lawyer provided by the Legal Services Authority to the family or guardian of the child, as the case may be, shall be at liberty to move the Special Court for appropriate directions regarding the investigation of the case in accordance with the decisions of the Apex Court in Sakiri Vasu v. State of U.P., (2008)2 SCC 409) and Vinubhai Haribhai Malaviya and Others v. State of Gujarat and Another, 2019 SCC Online SC 1346.The State Government shall take necessary steps forthwith to enable the Kerala State Legal Services Authority to draw and disburse the compensation payable to the victims in cases arising under the POCSO Act, in terms of the provisions of the Kerala Victim Compensation Scheme 2017 by considering the requests made by the Legal Services Authority in this regard, or by providing advance amount to them, and shall ensure that no victim is made to wait for the compensation ordered to be paid by the Special Court, especially for meeting an urgent need.The special Courts shall ensure that the trial in the cases arising under the POCSO Act is conducted having due regard to the guidelines prescribed by the State Government under Section 39 of the POCSO Act.The Nodal Officer directed to be appointed by the Government in terms of this order shall file a report in this matter once in three months, until relieved from that obligation, indicating the various steps taken in compliance with the directions in this order, notwithstanding the disposal of the criminal appeal, and the criminal appeal would be deemed to be pending for the said limited purpose. The Nodal Officer would also be free to seek appropriate modification of this order, if situations warrant.The registry shall communicate this order to the Special Courts in the State, the Judicial Magistrates in the State empowered to record the statements of the witnesses, the Director General of Prosecution and the State Public Prosecutor, the Kerala State Legal Services Authority and to the Kerala Judicial Academy. The court issued these guidelines after it noted that the guidelines formulated by the state as early as in April 2015 are not available in public domain. The court said that POCSO cases are being investigated by police officers who are not informed or trained to deal with children and their family members in a child sensitive manner. The court said that though guidelines mandate it, evidence are not collected to establish the sexual abuse through behavioral indicators, or to explain the trauma induced ‘counterintutive behaviour’ of the victim. The Judge also said that no mechanism is being adopted by investigating agency to cross check veracity of statements including subjecting the children to psychological/psychiatric consultations. The court added that, despite the Guideline that a lawyer should be provided for the child, no lawyer is seen engaged by the child in any proceedings under POCSO Act. While issuing guidelines, the judge observed:”On a careful appraisal of the situations prevailing in the State as regards implementation of the provisions of the POCSO Act revealed from the large number of   cases arising under the statute, I am of the view that the system in place needs to be improved radically, and the same would not be possible without the interference of this court.” Case name: ABHISHEK.K.A @ BHANU vs. STATE OF KERALA Case no.: CRL.A.No.1087 OF 2019Coram: Justice PB Suresh Kumar Counsel: .Adv.Suman Chakravarthy, the Senior Public Prosecutor, Adv.Manu.S, the counsel for the Kerala State Legal Services Authority, Adv.C.P.Udayabhanu, the counsel for the appellant in the case and Advocates Sandhya Raju and Ranjith Marar, Interveners Click here to Read/Download Judgment[Read Judgment]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

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Over 500 Supreme Court Lawyers Write To CJI Seeking Resumption Of Regular Physical Hearings

Top StoriesOver 500 Supreme Court Lawyers Write To CJI Seeking Resumption Of Regular Physical Hearings LIVELAW NEWS NETWORK13 Jan 2021 12:34 AMShare This – x”It is highly appreciable that this Hon’ble Court has opted to go on virtual mode to provide uninterrupted access to justice to the common citizens of this country, however, this virtual functioning of Courts system has more lacunaes than its benefits,” wrote a group of over 500 lawyers to the Chief Justice of India on Saturday. The representation has been made seeking resumption…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?Login”It is highly appreciable that this Hon’ble Court has opted to go on virtual mode to provide uninterrupted access to justice to the common citizens of this country, however, this virtual functioning of Courts system has more lacunaes than its benefits,” wrote a group of over 500 lawyers to the Chief Justice of India on Saturday. The representation has been made seeking resumption of physical hearing, as there are many practical issues and problems being faced by the members of the Supreme Court Bar Association (SCBA) and their staffs, viz.: Network connectivity issues;No proper management by the Registry, regarding virtual hearing;No response to the calls by the dealing officers in hand mentioning branch;Dismissal of mentioning of urgent matters by the mentioning branch without providing any reason for the same;More than 50% of young practitioners of this Bar have been constrained to leave Delhi as they were unable to meet out their living expenses;Members staying in Delhi NCR, and practicing before this Hon’ble Court have huge effect on their earnings due to which, either they have to depend on their family or on odd jobs. In this backdrop, the lawyers wrote that the virtual system has failed to adequately serve as an effective justice delivery system, and the same is evident from the fact that the Attorney General and even many Judges have expressed their annoyance regarding the effectiveness of this mechanism. It is averred that majority members of the Bar are not well versed with the virtual system and that is another reason adding to their sufferings for the past 10 months, in a sense defeating the purpose of justice system. The letter adds that Covid-19 restrictions have been eased in all Government as well as Private Sectors. Many High Courts have started working on regular physical mode (along with virtual hearing) and even the Supreme Court Registry is working physically. Therefore, the lawyers urged that the Top Court to introduce a hybrid system— permitting both regular physical hearing and virtual hearing, and allow the members of the Bar to opt for any of the two mediums. Inter alia, the letter highlights the grievances related to mentioning and listing of matters. It is stated, “We the members of this Bar are feeling helpless because the mentioning Branch do not respond to our calls throughout the day (working hours) resulting in many important matters remain pending adjudication and become infructuous irrespective of the fact whether these matters are fresh or coming after notice. Many matters relating to the life and liberty of citizens including bail matters which require immediate attention still remain unheard creating helpless situation for the litigants and the lawyers.” It is significant to note at this juncture that on Tuesday, the CJI highlighted the risks attached with resuming physical hearings during an ongoing pandemic, while hearing a PIL in that regard. ‘Virtual Hearing As Good As Open Court Hearing’ : Supreme Court On Plea To Resume Physical Functioning He observed that Virtual hearings, though forced by the global pandemic, are “as good as Open Court Hearings”. He added that the decision to convene Court proceedings via video conferencing is taken after extensive deliberations with medical experts.Click Here To Download Letter Read LetterSubscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story read more

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Brundidge Rotary welcomes scholarship nominees

first_imgLatest Stories Pike County Sheriff’s Office offering community child ID kits By Secrets Revealed Published 2:00 am Friday, April 17, 2015 Plans underway for historic Pike County celebration “This is a very talented group and one with varied interests,” Wallace said. “We have a classical guitarist, a Hospice volunteer, teacher assistants, cheerleaders, cloggers and a bell ringer for the Salvation Army,” Wallace said. “They are talented and they are serious about their career choices.”The future plans for the 13 scholarship nominees are just as varied as their talents and interests, Wallace said.One nominee wants to get a degree in mechanical engineering and design roller coasters. Another wants to be a lawyers and another wants to eventually return to the family farm.Several nominees want to be teachers and nurses. One nominee has plans to be an OB-GYN while another plans to be an athletic trainer. One nominee aspires to be a screenwriter and director. However, those plans could change as the scholarship nominees move into the next phase of their young lives, Wallace said. Messenger Photo/Jaine TreadwellThe Brundidge Rotary Club welcomed the 13 nominees for the club’s 2015 scholarship awards to its Wednesday meeting. Pictured, from left, Trevor Shellgrove, Ariton; Kim Ketcham, Ariton; Dakota Anderson, Goshen; Sh’ana Lee, PCHS; BreAnna Sewell, PCHS; Madison Knox, Ariton; Madison Grissett, Zion Chapel; Lexi Carroll, Zion Chapel; Allyson Fuller, PLAS; Rush Hixon, PLAS; Faith Dewberry, Zion Chapel; Abigail Berrey, PLAS; and Damarcus Maddox, PCHS.The Brundidge Rotary Club welcomed 13 special guests to its Wednesday meeting.The guests were the nominees for the Brundidge Rotary Club’s annual scholarship program and represented five area schools.The nominees from Pike County High School are Sh’ana Lee, Damarcus Maddox and BreAnna Sewell. The Pike Liberal Arts School nominees are Abigail Berrey, Allyson Fuller and Rush Hixon. Dakota Anderson is the nominee from Goshen High School. The nominees from Ariton High School are Kim Ketcham, Madison Knox and Trevor Shellgrove.  Zion Chapel High School nominees are Lexie Carroll, Faith Dewberry and Madison Grissett. By Jaine Treadwell Book Nook to reopen Around the WebMd: Do This Immediately if You Have Diabetes (Watch)Blood Sugar BlasterIf You Have Ringing Ears Do This Immediately (Ends Tinnitus)Healthier LivingHave an Enlarged Prostate? Urologist Reveals: Do This Immediately (Watch)Healthier LivingWomen Only: Stretch This Muscle to Stop Bladder Leakage (Watch)Healthier LivingRemoving Moles & Skin Tags Has Never Been This EasyEssential HealthBet You’re Pretty Curious About Jaden’s Net Worth Right About Now, HuhBradofoThe content you see here is paid for by the advertiser or content provider whose link you click on, and is recommended to you by Revcontent. As the leading platform for native advertising and content recommendation, Revcontent uses interest based targeting to select content that we think will be of particular interest to you. We encourage you to view your opt out options in Revcontent’s Privacy PolicyWant your content to appear on sites like this?Increase Your Engagement Now!Want to report this publisher’s content as misinformation?Submit a ReportGot it, thanks!Remove Content Link?Please choose a reason below:Fake NewsMisleadingNot InterestedOffensiveRepetitiveSubmitCancel Skip You Might Like ‘Equally beautiful’: Dorothy Gainey crowned Ms. Troy Health & Rehabilitation Dorothy Gainey was crowned Ms. Troy Health and Rehabilitation Center 2015 at a ceremony at the facility Tuesday night. Ms…. read more Print Article “We wish them all success and happiness in whatever career paths they choose.”The Brundidge Rotary Club began sponsoring scholarships to area seniors in 1994 and has awarded 84 scholarships to date. This year’s six scholarships will bring the total to 90.The scholarships the Brundidge Rotary Club sponsors are all memorial scholarships. Those honored are Ralph Dickert, Harold Rodgers, Robert Godwin, Wilburn Howard, Reynolds E. Wallace, Jr.  and Sara Spano.All were longtime Brundidge Rotarians, except Spano.“Rotarian Larry Shiver sponsors that scholarship in memory of a Georgia teacher who was a great influence in his life,” Wallace said.The Brundidge Rotary Club Scholarships are awarded in the amount of $1,000 and to the college of each recipient’s choice. Email the author This Video Will Soon Be Banned. Watch Before It’s… Troy falls to No. 13 Clemson Remember America’s heroes on Memorial Day Brundidge Rotary welcomes scholarship nominees Sponsored Content Rotarian Chip Wallace, who chairs the club’s scholarship program, said all nominees are outstanding, not only academically, but they also excel in athletics and are leaders on their respective campuses and in their communities.“We have another outstanding group of nominees for the scholarships our club sponsors annually,” he said. “As always, it will difficult to decide which six will be awarded the scholarships.”Most of the scholarship nominees plan to attend either Troy University or the University of Alabama.last_img read more

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