Allahabad high Court: In a case under Protection of Children from Sexual Offences Act, 2012 (‘POCSO’ Act), Ajay Bhanot, J. has said that it is the responsibility of the Secretary of the High Court Legal Services Committee to ensure that the counsels who are appointed by way of legal aid to represent the victim are diligent practitioners, who know the law and have mastered the facts of the case.
The Court noted its order dated 30-09-2022 and said that the Child Welfare Committee (‘CWC’) was directed to disclose whether the victim needs legal aid and has been provided with various support systems contemplated for the victims under the POCSO Act and also directed the District Legal Services Authority to file an affidavit in this regard.
The Court said that the Secretary informed the Court that a requisition has been made by the CWC for appointing a counsel under the protective provisions of POCSO Act, 2012 read with POCSO Rules, 2020.
The Court further said that the Secretary is processing the requisition and shall appoint a competent counsel to prosecute the case on behalf of the victim.
The matter will next be taken up on 17-11-02022.
[Shiva Singh v. State of U.P., 2022 SCC OnLine All 754, decided on 10-11-2022]
Advocates who appeared in this case :
Counsel for Applicant:- Advocate Pradeep Kumar Singh;
Counsel for Opposite Party:- Government Advocate.
Apoorva Goel, Editorial Assistant has reported this brief.