SC Stays Trial Before POCSO Court Against IAS Officer Accused Of Molesting Two Khiamniungan Minor Girls In Nagaland
The Supreme Court on Friday stayed the Criminal proceedings before the Tuensang Special Court (POCSO) in Nagaland against an IAS Officer posted as Joint Secretary in the Home Department in Kohima who was booked for the offences under the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act, 2012 (POCSO) for allegedly molesting two Khiamniungan minor girls aged 17 & 14 years.
The Vacation Bench of Justice Sudhanshu Dhulia and Justice K V Viswanathan in their order observed that "We have been informed that the matter before this Court is listed on 03rd July, 2023. Further proceedings in Criminal Case No.G.R. No.58 of 2021 in correspondence with SCPS Case No.04 of 2021 pending before Tuensang Special Court (POCSO) shall remain stayed till the next date of hearing i.e. 03rd July, 2023."
Appearing for the IAS Officer, Advocate-on-Record Kaushik Choudhury submitted that the Supreme Court had on May 18, 2023, granted liberty to the Petitioner to pray for an adjournment of the hearing of the matter before the Trial Court but the same was refused by the Trial Court. "Whenever the matter is listed before the Supreme Court, the trial court should adjourn the matter, now it is fixed for 28th June and the person's appearance is insisted else Bailable Warrants would be issued." submitted Choudhry.
Justice Dhulia observed that "The only thing is there are certain statutory requirements under the POCSO Act, that a statement has to be recorded in a stipulated time" responding to which Choudhry stated the period otherwise is also over as the trial started in the year 2022. Requesting for the transfer of the trial from the Tuensang Special Court (POCSO), the Counsel stated that "I am asking for any other district because in Nagaland Mob-Lynching and all has happened because of such situations." Justice Dhulia further remarked that "You brought the situation to yourself".
The IAS officer had moved the Special Leave Petition before the Apex Court challenging the order of the Gauhati High Court which had refused to transfer the trial of the POCSO case from the Special Court (POCSO) Tuensang, Nagaland, to any other Special Court (POCSO) within the State of Nagaland.
It was submitted before the High Court by the IAS Officer that he had received life-threatening calls from an unknown person and that there was an attempt by creating misleading news to instigate the public to harm the petitioner. It was further submitted that "there was a social media campaign against the petitioner that the petitioner should be the second guy to be hanged at the City Tower Dimapur, a reference to an incident of the recent past were one alleged accused namely Syed Arif Khan facing trial in a rape case was forcibly dragged out from the Central Jail Dimapur by the protestor after overpowering the jail guards and lynched to death in full view of the public, the Police and the District Administration."
It was also submitted by the IAS Officer that all such situations against him may create a very volatile atmosphere which may disrupt and adversely impact the smooth and proper conduct of the trial before the Special Judge (POCSO) at Tuensang, where people belonging to the Tribe from which the victim hails has a sizable population.
The High Court in the impugned order had observed that "This Court does not find any ground to infer or suggest that the petitioner has been able to exhibit a reasonable apprehension that he will be prejudice and denied a fair trial if the case is conducted before the learned Special Judge (POCSO) Tuensang. There is therefore no merit in the petition and the same is accordingly dismissed. The learned Special Judge (POCSO) Tuensang shall forthwith proceed with the case and dispose the same in accordance with law."
Cause Title: Reny Wilfred v. The State Of Nagaland & Ors. [Special Leave to Appeal (Crl.) No(s). 6301/2023]