DC tenders apology

SHILLONG, AUG 21: The Deputy Commissioner of East Garo Hills District HB Marak today tendered his unconditional apology before the Meghalaya High Court, for the mistakes committed with regards to the appointment of public prosecutors (PPs).

Marak was present during the hearing held here in compliance to the order passed last week by the division bench of the Meghalaya High Court, which took serious exception against the manner of his dealing with matter related to the appointment of PP.

The bench had also taken cognizance on the manner of the responses from his office to the queries of the Government pursuant to the order passed by this Court.

The Deputy Commissioner has filed a specific affidavit expressing unconditional apology for the mistakes and shortcomings as noticed in the earlier orders of the Court.

In his affidavit, Marak has also undertaken to take all the immediate corrective measures to maintain the dignity of the office of the District and Sessions Judge of the District.

On being satisfied with the submissions made, the division bench said in its order issued here on Monday, “We would prefer leaving the matter at that only.”

However, it also stated, “It goes without saying that any repetition of any such mistake or shortcoming may lead to severe action.”

It may be mentioned here, the bench has summoned the DC after an affidavit of the Chief Secretary on August 16 informed that the Secretary, Law Department had on July 24, sought clarification from the DC as to why the provisions of law stipulated under Section 24 (4) of the Code of Criminal Procedure were not followed.

It was also noticed that the chief secretary has issued specific instructions on August 10, to all the Deputy Commissioners, calling upon them to comply with the requirements of law while, inter alia, ensuring consultation with the District and Sessions Judge in writing for the purpose under Section 24 (4) of the CrPC and while ensuring the eligibility of the advocates concerned.

Earlier on July 13, the bench had found a strange scenario that the District and Sessions Judge, Williamnagar, also exercising the jurisdiction as Special Judge in POCSO cases, had forwarded three orders in POCSO cases indicating that the matters were lingering for want of presence of the appointed Special Public Prosecutor.

The District and Sessions Judge also indicated that the appointed lawyer was not interested in appearing in the POCSO matters; and that „his name was never proposed nor was his proposal consulted‟ with her by the District Magistrate.

“We expressed serious reservations if any particular appointment of the Special POCSO prosecutor was made without consultation of the District and Sessions Judge concerned; and granted time to the learned Government Advocate to take instructions,” it had stated.

As regard other aspects of the matter, the bench has asked the Amicus Curiae that he may file further report after carrying out such inspection as may be necessary. The next hearing on the matter will be held after four weeks.

It may be mentioned here, the High Court had taken suo motu action for implementation of Section 32 of the POCSO Act for making appointment of independent PPs after the Supreme Court had noticed that PPs had not been appointed in several of the States in the country, including the State of Meghalaya.

In his earlier orders, the bench had stated that it had noticed that the issue relating to establishment of Directorate of Prosecution and appointment of appropriate Public Prosecutors in different Courts and different jurisdictions in the State of Meghalaya was itself a matter of concern of this Court and was being considered in other pending PILs.

“However, we found that the issue relating to Special Public Prosecutors for dealing with POCSO cases was required to be dealt with independently and in priority,” it stated.

While taking cognizance of the matter so as to ensure effective proceedings under POCSO Act, a  PIL was registered and by the order dated 03.05.2017, the Chief Secretary to the was called upon to state the steps taken as regards to the matter.

The steps include – Setting up of Special Courts for speedy trial of POCSO cases, the appointment of independent Special Public Prosecutors for dealing only with the POCSO cases and others.

By Our Reporter