The Supreme Court of India is poised to resolve a crucial legal question after the Diwali vacation: Should personnel from Assam Rifles accused of offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), be tried under the Assam Rifles Act, 2006 or by special POCSO courts?
The legal challenge stems from a 2022 Gauhati High Court ruling, which the Nagaland government has contested. Justices Pankaj Mithal and R. Mahadevan have granted leave for the appeal, scheduling the final disposal of the case for the post-Diwali session. “We are granting leave. List after Diwali vacation for final disposal,” stated the order.
The case involves allegations against an Assam Rifles officer accused of molesting a schoolgirl. According to the complaint, the officer, who was part of a road-opening party near a government middle school, took inappropriate photographs of the girl and physically assaulted her. The officer was initially charged under Section 354 of the Indian Penal Code (IPC) and Section 10 of the POCSO Act in a Fast Track Special Court in Dimapur, Nagaland.
However, the case took a complex turn when the Assam Rifles authority requested that the accused be transferred for prosecution in a military court. The POCSO Court rejected this request, asserting that the Assam Rifles Court lacked the specialized mandate to try offences under the POCSO Act. The Gauhati High Court later overturned this decision, indicating that the military court could indeed handle cases under the POCSO Act alongside IPC offences, prompting the Nagaland government’s appeal to the Supreme Court.
During the proceedings, Additional Solicitor General Aishwarya Bhati, representing the Central government, highlighted the core issue: whether cases involving military personnel under the POCSO Act should be adjudicated by specialized POCSO courts or fall within the jurisdiction of military courts.
