The Bombay High Court on Thursday asked the Maharashtra government if the police could withdraw the controversial circular, which was recently issued by Mumbai Commissioner of Police Sanjay Pandey.
The promulgation mandated that no FIR for molestation or offences under the Protection of Children from Sexual Offences (POCSO) Act should be registered without the nod from zonal deputy commissioner of police (DCP).
A division bench of Justices Revati Dere and VK Bisht asked the public prosecutor to take instructions from the state government or directly from commissioner Pandey on “whether the June 6 circular issued by the Mumbai police commissioner could be withdrawn?” The direction came during the hearing in a petition filed by a city resident Damayanti Vasave. The aim, cited behind the circular, was to deter filing of fake cases.
The National Commission for Protection of Child Rights sought withdrawal of the order, saying it will violate the rights of sexual abuse victims. The HC has kept the matter for hearing on June 23