The Supreme Court is slated to examine whether Assam Rifles personnel who are accused of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) can be prosecuted in courts constituted under the Assam Rifles Act, 2006 [State of Nagaland v. Deputy Inspector General and Another].
Justices Pankaj Mithal and R Mahadevan on Tuesday granted the Nagaland government leave to file an appeal against a 2022 decision of the Gauhati High Court on this issue.
The top court has posted the matter for final hearing after the upcoming Diwali vacation.
"We are granting leave. List after Diwali vacation for final disposal," the Court said in its order.
Additional Solicitor General Aishwarya Bhati, who represented the Central government, informed the Court today that the short point for consideration was whether POCSO cases against Assam Rifles personnel should be tried by special POCSO courts or by the Assam Rifles Court.
The matter is rooted in a case filed against an official of the Assam Rifles (a central armed force tasked with border security and related duties) who was on duty for a road opening party near a government school.
He is alleged to have molested a girl studying at the middle school, in the school's compound by taking her photograph and firmly pressing her breast with sexual intent.
On a complaint by the girl (victim), a case was registered against the officer under Section 354 (outraging the modesty of woman) of the Indian Penal Code, 1860 (IPC) read with Section 10 of the POCSO Act.
The case was thereafter tried by a Special Judge, Fast Track Special Court, Dimapur in Nagaland.
However, a Deputy Inspector General of the Assam Rifles then moved a plea before the trial court to hand over the accused-personnel so that he could be prosecuted before the Assam Rifles Court.
The POCSO Court rejected the petition on the ground that the Assam Rifles Court is an ordinary criminal court that is not vested with special powers to try the offences under the POCSO Act.
On appeal, the Gauhati High Court set aside the POCSO Court order by noting that there is no direct conflict between the Assam Rifles Act, 2006 and the POCSO Act.
The High Court found that there was no provision under the POCSO Act that barred the jurisdiction of the Assam Rifles Court from trying offences under the IPC or the POCSO Act.
Aggrieved, the State of Nagaland has now approached the apex court.