Delhi LG approves inclusion of former MPs, MLAs under ambit of designated Special Courts

New Delhi [India], October 15 (ANI): In a key development, Delhi Lieutenant Governor VK Saxena has approved a proposal expanding the jurisdiction of Special Courts dealing with cases against sitting Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs), also to cover former MPs and MLAs.
According to a press note issued by the Lieutenant Governor's Office, the proposal was forwarded by the Delhi Government, headed by Chief Minister Rekha Gupta, seeking to extend the ambit of the Special Courts functioning at the Rouse Avenue Court Complex. The approval now allows these courts to handle cases not only against serving legislators but also against those who have demitted office.
Courts specially designated for this purpose include Court of Special Judge (PC Act) (CBI)-09, Rouse Avenue, Court Complex, Delhi; Court of Special Judge (PC Act) (CBI)-23, Rouse Avenue, Court Complex, Delhi; Court of Special Judge (PC Act) (CBI)-24, Rouse Avenue, Court Complex, Delhi.
Earlier in July 2023, the Lieutenant Governor had approved the setting up of three Special Courts to exclusively handle cases against MPs and MLAs under the Commissions for Protection of Child Rights (CPCR) Act, 2005, and the Protection of Children from Sexual Offences (POCSO) Act, 2012, at Rouse Avenue Court Complex in the national capital, the press note stated.

It may be recalled that this notification was issued in compliance with a Delhi High Court direction passed in 2020. However, the note also mentioned that the previous Kejriwal Government had delayed the notification for more than three years before it was finally approved.
The proposal, seeking the LG's concurrence for the creation of these designated courts under Section 25 of the CPCR Act and Section 28 of the POCSO Act, was moved by the Department of Women and Child Development (WCD) and vetted by the Law Department.
The three newly designated courts are in addition to the eight existing courts already notified for the trial of offences relating to crimes against children, violation of child rights, and other offences under the POCSO Act.
Section 28 (1) of the POCSO Act states that for the purposes of providing a speedy trial, the state government shall, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district a court of session to be a special Court to try the offences under the Act.
Section 25 of the CPCR Act states that for the purpose of providing speedy trial of offences against Children or of violation of child rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify at least a court in the state or specify, for each district, a Court of Session to be a Children's Court to try the said offences: Provided that nothing in this section shall apply if - (a) A Court of Session is already specified as a Special Court or (b) A Special Court is already constituted, for such offences under any other law for the time being in force, the press note said. (ANI)