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HC to Legal Services: Appoint Women Lawyers to assist Sexual Assault Survivors,

 Allahabad High Court issues notice on plea seeking re-allocation of  jurisdiction of its benches

Recently, the Allahabad High Court has asked its Legal Services Committee to appoint women counsel to represent the survivors in POCSO Cases, especially when survivors are of minor age.

The single-judge bench of Justice Ajay Bhanot was adjudicating upon a bail application when he opined that although the Committee has been empanelled counsels to represent the victims, very few Lady Counsels have appeared for the victims.

It is in this background, the Court passed the below directions:

"In such circumstances, the High Court Legal Services Committee, High Court Allahabad is requested to appoint lady counsels to represent the victims especially when the victims are minor girls."

 The Court revealed that the affidavit of compliance has disclosed that the C.W.C. had taken prompt measures to ensure that the benefits and the protective provisions of the POCSO Act, 2012 read with POCSO Rules, 2020 are implemented without any delay in the service of justice. 

 A recommendation for grant of legal aid was made to the High Court Legal Services Authority but it was only after the orders were passed by the Court, the Police Authorities took appropriate action and served necessary documents upon the C.W.C. 

The Court appreciated all assistance of the Chairman, Child Welfare Committee including disbursment of financial aid/compensation to the victim in part.

Noting that the offence is grave and the likelihood of applicant having committed the offence is borne out from the records, the Court deemed it appropriate to not grant bail to the appellant-accused. 

"The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court"

 

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(With input from news agency language)

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