New Delhi: Courts cannot ignore issuing notice to victims in sexual assault cases while deciding bail pleas of offenders. This is what the Delhi High Court had to say Sunday. It said that survivors were not being informed in a majority of matters. The Delhi High Court was hearing a case related to the bail granted to the accused in a minor’s rape case. It said that during emergency situations such as the current lockdown, bail pleas are being heard by Sessions judges. They are not regulars in POCSO courts. Hence it is necessary to sensitise them about these mandatory provisions.
The Delhi HC set aside Sunday the trial court’s order granting interim bail to the accused. It said that the bail was granted without giving a hearing or notice to the girl.
“It is deemed appropriate to direct that any non-compliance of the mandatory condition of issuance of notice and service of notice to the complainant/ victim/informant could entail consequential action, in accordance with law,” the court said.
The Delhi High Court also directed respective district judges to conduct sensitisation programmes through videoconferencing within a week. The judges were asked to inform all presiding officers about the importance of compliance of this mandatory condition.
Justice Prathiba M Singh said the petition challenging the interim bail granted to the accused without giving her notice has highlighted a ‘perennial and grave problem’: hearing not being accorded to victims in bail pleas filed by the accused facing trial for rape and gang-rape of minors under the IPC and the Protection of Children from Sexual Offences (POCSO) Act.
In pursuance to court’s earlier direction, the registrar general of the high court collected data from the trial courts for the period April 22 to May 23, which is the lockdown period. The data showed that out of 294 cases where bail was sought by the accused in sexual offences cases, notices were issued to the complainant in only 79 matters.
“…in 215 cases constituting almost 70 per cent, no notice was issued. A perusal of the report of the registrar general, in fact, confirms the analysis which has been placed on record by the petitioner in respect of 122 cases, to the effect that complainants/ informants are not being heard prior to hearing in bail applications to accused under the provisions of the POCSO Act,” the Delhi High Court said, adding that, issuance of notice is the mandate of law.
PTI
