Child rights body writes to Mumbai CP demanding withdrawal of order related to scrutiny of molestation and POCSO cases

The Maharashtra State Commission for Protection of Child Rights on Friday wrote a letter to Mumbai Police Commissioner Sanjay Pandey, expressing their shock at the order issued by the Commissioner with regards to mandatory permission from the DCPs to register cases related to molestation and Protection of Children from Sexual Offences Act (POCSO). The Commission has demanded for the withdrawal of the said order in the next two days.

CP Pandey on June 06 had issued an order which stated, "It has come to the notice that over previous issues, property issues, monetary issues or personal issues cases on charges of molestation or POCSO are being registered at the police stations. In such offences, without having done any verification, the accused person is immediately placed under arrest. After the investigation of such cases reveal that the complaint filed was a bogus one, the process to discharge the accused under the provision of 169 (release of accused when evidence deficient) of The Code Of Criminal Procedure (CrPC) is initiated. But by that time it is already late and due to the arrest, the accused faces a lot of defamation and the suspect's image is hugely affected in the society. In order to curb such instances, it has been informed that cases will have to be registered only after getting permission of the zonal deputy commissioners of police. The DCPs while taking the decision of giving the permission, should ensure that Supreme Court's directions in the Lalita Kumari case is duly followed."

Susieben V Shah, Chairperson of the Commission in a letter to the Commissioner stated, "Mr Pandey, we are rather shocked and distressed by your order issued on June 06 which is a violation of the law and a travesty of justice. POCSO Act was enacted with the objective of protecting children from a various forms of sexual offences. It introduced child friendly mechanism and the Act makes it mandatory to report cases of sexual offence. The Act also states that any person, who fails to report or who fails to record such an offence shall be punished. Therefore, your order asking for a police officer to seek recommendations from an ACP and permission from a DCP is a grave violation of the said POCSO Act. Your order will cause serious infringement to the rights of survivors of sexual abuse and cause undue delay for survivors to their access to justice."

Reacting to this letter, Commissioner Pandey told FPJ, "Nowhere in the order it is stated that we won't register an offence. Just an added layer of supervision from a superior officer is what we are looking at in the cases that are lodged on flimsy and frivolous grounds. We have also mentioned about the Supreme Court ruling with regards to the registration of cases in the order. Any concern in this regard is misplaced."