POCSO-Victims entitled to receive information about court proceedings including status of the bail of the accused: J&K HC

Background of the case

• Case - Badri Nath vs. Union Territory of Jammu & Kashmir (Bail App No. 139/2020, CrlM Nos. 1444/2020 & 1445/2020).

• Charges under Sections 354-A (sexual harassment), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 506 (criminal intimidation) of IPC and Section 8 (sexual assault) under POCSO Act were pressed against the accused by a minor girl (12 year old) for sexually harassing her.

• The accused was granted interim bail for a period of one month due to the pandemic which was extended from time to time but his application for further extension of interim bail was rejected by the trial court and he is in custody since then.

• Thereafter, the accused filed an application for bail before the High Court which came before Justice Sanjay Dhar for adjudication.

J&K High Court's order

• The court observed Guideline 2.2(ii) of the Model Guidelines issued by The Ministry of Women and Child Development in exercise of powers under Section 39 of POCSO Act, 2012 which reads as under:

“Children have the right to information about the case in which they are involved, including information on the progress and outcome of that case, unless the lawyer considers that it would be contrary to the welfare and best interests of the child…”

• The court observed that such information would also include information with regard to status of the accused which includes “his/her bail, parole or pardon, temporary release, escape, absconding from justice or death.”

J&K High Court's order

• The court further observed that, “In order to give a mandatory colour to the aforesaid guidelines, it is necessary to issue a Circular to all the Special Courts constituted under the POCSO Act within the Union Territories of Jammu and Kashmir and Ladakh, directing them to ensure that the victim/Child Welfare Committee is informed about the proceedings in bail petitions of the persons accused of having committed offences under the aforesaid Act by issuing prior notice to them.”

• Justice Dhar further directed the Registrar Judicial to place this judgment before the Hon'ble Acting Chief Justice with a request to consider the matter regarding issuance of a Circular in the above terms and rejected the bail application filed by the petitioner.

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