Appoint Diligent Counsels To Represent Victims In POCSO Act Cases: Allahabad High Court To HC Legal Services Committee

The Allahabad High Court has requested the High Court Legal Services Committee to ensure that the counsels who are appointed by way of legal aid to represent the victims in POCSO Act cases are diligent practitioners, who know the law and have mastered the facts of the case.The bench of Justice Ajay Bhanot directed the HC legal services authorities thus while dealing with the bail plea of a man booked under the POCSO Act for allegedly raping an 8-year-old girl. Earlier, on September 30, the Court took note of the fact that the victim was not represented before the Court, and thus, the Child Welfare Committee (district-Gorakhpur) was directed to file his affidavit disclosing whether the victim is in need of legal aid and has been provided various support systems contemplated for the victims under the POCSO Act.Now, on November 10, the Secretary of the High Court Legal Services Committee informed the Court that a requisition had been made by the Child Welfare Committee for appointing a counsel under the protective provisions of the POCSO Act, 2012 read with POCSO Rules, 2020.In view of this, the Court asked the HC legal services authority to ensure that diligent counsels are appointed in such cases. With this, the Court posted the matter for hearing on November 17.In related news, the Allahabad High Court had recently requested the High Court Legal Services Committee to appoint lady counsels to represent the victims especially when the victims are minor girls.The bench of Justice Ajay Bhanot had made this request while dealing with the bail plea of a POCSO Accused when it noted that very few lady counsels appear to represent the victims from the side of the High Court Legal Services Committee."The High Court Legal Services Committee, High Court Allahabad has been empanelled counsels to represent the victims. However, it is noticed that very few lady counsels have appeared for the victims. In such circumstances, the High Court Legal Services Committee, High Court Allahabad is requested to appoint lady counsels to represent the victims especially when the victims are minor girls," the Court said.Case title - Shiva Singh v. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 44072 of 2022]Click Here To Read/Download Order

Appoint Diligent Counsels To Represent Victims In POCSO Act Cases: Allahabad High Court To HC Legal Services Committee

Sparsh Upadhyay

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