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2019 DIGILAW 2050 (SC)

IN RE ALARMING RISE IN THE NUMBER OF REPORTED CHILD RAPE INCIDENTS v. .

2019-10-01

ANIRUDDHA BOSE, DEEPAK GUPTA

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ORDER : SMW (CRL.) No. 1/2019 1. Notice to all the States and the Registrar Generals of all High Courts in respect of the order dated 25.07.2019 and subsequent orders. 2. The States are aware of the said orders since the counsel representing the States are appearing in the connected matter SLP(C) No.34251 of 2017. The States and the RGs of all High Courts are directed to file affidavits on or before 07.11.2019 in which they will set out in chart form the following information: 1. Number of Districts in the State 2. Number of Districts in which the POCSO cases are more than 100 3. Number of Districts where POCSO cases are more than 200 or multiples of 200 i.e. 400, 600, 800 etc. 4. Number of exclusive POCSO Courts already functioning, if any. 5. Number of POCSO Courts actually notified. 6. Number of Special Public Prosecutors, if any, exclusively assigned for POCSO Courts. 3. Vide order dated 25.07.2019 a direction was given to the Directors of the State Forensic Science Laboratories and the concerned authority in the State to ensure that the existing and available Forensic Science Laboratories in each State will function in an effective manner and the Chief Secretaries were directed to ensure that the above directions are complied with. The affidavit to be filed by the State shall also indicate what steps are taken in this regard along with the copies of the communications, if any, sent. 4. The affidavits shall be filed on the personal affidavit of the Chief Secretary or the Principal Law Secretary on behalf of the State and the RG on behalf of the High Court concerned. The affidavits must be filed on or before 07.11.2019 with advance copy to Mr. Surinder S. Rathi, Registrar and the amicus curiae. We request Mr. Rathi as well as learned counsel assisting the amicus curiae to jointly prepare a chart giving details filed by all the States and the High Courts in one chart. 5. Mr. A.N.S. Nadkarni, Additional Solicitor General states that affidavit on behalf of the Union of India will be filed during the course of the day. 6. The Registry is directed to supply copy the order dated 25.07.2019 and today’s order to all the counsel representing the States in SLP(C) No.34251 of 2017. 5. Mr. A.N.S. Nadkarni, Additional Solicitor General states that affidavit on behalf of the Union of India will be filed during the course of the day. 6. The Registry is directed to supply copy the order dated 25.07.2019 and today’s order to all the counsel representing the States in SLP(C) No.34251 of 2017. Registry to communicate this order along with order dated 25.07.2019 to RGs of all the High Courts by email immediately. 7. All the applications, including applications for waiver of costs shall also be taken on the next date of hearing. 8. List on 14.11.2019. SLP(C) No. 34251/2017, W.P.(C) No. 819/2019 9. Heard in part. For continuation of arguments, list on 03.10.2019 as part-heard.