NAIK BIBHU PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the present petition was taken up for final consideration.

(2.) The petitioner has filed the present petition assailing the order dtd. 22/4/2022 whereby a plea regarding jurisdiction of the Summary General Court Martial (SGCM) to conduct trial of offences under Protection of Children from Sexual Offences Act, 2012, has been rejected by the respondent No. 5.

(3.) The only issue raised by the petitioner in the present petition is that the Summary General Court Martial has no jurisdiction to try the offences under the Protection of Children from Sexual Offences Act, 2012 (for short POCSO Act) as the POCSO Act is the special enactment that provides for the constitution of special courts for the trial of offences under the POCSO Act and as the SGCM is not a special court, so the petitioner cannot be tried under the POCSO Act in SGCM.