The Supreme Court is slated to examine whether Assam Rifles personnel who are accused of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) can be prosecuted in courts constituted under the Assam Rifles Act, 2006. Court Today (Oct 15) granted the Nagaland government leave to file an appeal against a 2022 decision of the Gauhati HC on this issue. In 2022, the HC said that there is no provision in the POCSO Act that bars the jurisdiction of the Assam Rifles Court from trying offences under the IPC or the POCSO Act.
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NEW DELHI: The Supreme Court is set to examine a significant legal question: whether personnel from Assam Rifles accused of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), can be prosecuted in courts established under the Assam Rifles Act, 2006.
This follows a legal battle stemming from a 2022 Gauhati High Court decision.
On Tuesday, Justices Pankaj Mithal and R. Mahadevan granted the Nagaland government permission to file an appeal against the Gauhati High Court’s ruling. The Supreme Court has scheduled the final hearing of the case for after the upcoming Diwali vacation.
The court stated in its order,
“We are granting leave. List after Diwali vacation for final disposal.”
The case centers around the alleged molestation of a schoolgirl by an Assam Rifles officer. The officer, part of a road-opening party near a government middle school, is accused of taking a photograph of the girl and “firmly pressing her breast with sexual intent“ in the school compound.
Following a complaint by the girl, a case was registered under Section 354 (outraging the modesty of a woman) of the Indian Penal Code (IPC) and Section 10 of the POCSO Act. The case was initially tried by a Special Judge at the Fast Track Special Court in Dimapur, Nagaland.
However, complications arose when a Deputy Inspector General of Assam Rifles requested that the accused be handed over for prosecution before an Assam Rifles Court. The POCSO Court rejected this request, noting that
“the Assam Rifles Court is an ordinary criminal court that is not vested with special powers to try the offences under the POCSO Act.”
Subsequently, the matter was taken to the Gauhati High Court, which set aside the POCSO Court’s order.
The High Court ruled that there was no direct conflict between the Assam Rifles Act and the POCSO Act. It also pointed out that
“there is no provision under the POCSO Act that barred the jurisdiction of the Assam Rifles Court from trying offences under the IPC or the POCSO Act.”
This decision prompted the Nagaland government to seek intervention from the Supreme Court.
During the Supreme Court proceedings, Additional Solicitor General Aishwarya Bhati, representing the Central government, stated that the key issue was whether POCSO cases involving Assam Rifles personnel should be handled by special POCSO courts or by the Assam Rifles Court.
This case now awaits the Supreme Court’s final verdict after the Diwali vacation.
This legal challenge has far-reaching implications, not only for the jurisdictional boundaries between military and civilian courts but also for the prosecution of sensitive cases involving sexual offences under the POCSO Act.
The upcoming ruling will clarify whether specialized courts are required to handle such cases when they involve military personnel, or whether military courts have jurisdiction in these matters.
CASE TITLE:
State of Nagaland v. Deputy Inspector General and Another.
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