IN RE: ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS Vs. IN RE: ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS

JUDGEMENT

(1.) Today the matters were listed for taking up the issue with regard to the State of Assam and Union Territory-Jammu and Kashmir. State of Assam has filed an affidavit indicating that ten POCSO Courts have already been set up and three will be set up in near future. Five existing Additional Sessions Judge Courts have been earmarked as POCSO Courts and ten new Courts to deal with POCSO cases will be set up. The action appears to be in terms of our earlier orders. We would like to direct that State of Assam and Registrar General of J&K High Court to file affidavits clearly stating that POCSO Courts shall deal exclusively with POCSO matters and not deal with any other matters These affidavits to be filed by 28th February, 2020.

(2.) On the last date i.e. 16.12.2019 in respect of the Union territory J&K we had passed the following order:

(3.) No affidavit has been filed either by the Union Territory of J&K or by the High Court. Learned counsel for the Union Territory of J&K refers to the affidavit filed on 15th December, 2019 which clearly shows that there are no exclusive courts set up in the J&K to deal with POCSO matters. We had passed order dated 16.12.2019 which clearly laid down the criteria that in any District which has more than 100 POCSO cases, there will be atleast one exclusive POCSO Court and in any District where there are more than 300 POCSO cases, there should be atleast two POCSO Courts. We direct the Chief Secretary of the Union Terriytory of J&K to sit with the Registrar General of the High Court of J&K on or before 24th January, 2020. They shall prepare a chart of POCSO cases in each District.If there are more than 100 cases in any District then in pursuance of our directions dated 16.12.2019 one exclusive POCSO Court shall be set up and made functional before 1st March 2020. We make it clear that in case there is no District having more than 100 cases then there is no need to set up exclusive POCSO Court.