POCSO trial, transfer petition, stay and cautioning
Morung Express News
Dimapur | November 20
It was late July, last year, when Noklak was briefly in the news in connection to an alleged sexual misconduct incident involving the top office of the district. On July 27, 2021, a complaint was filed at the Noklak Police Station by two girls charging the then Deputy Commissioner of the district of sexual misconduct. The effect of the complaint had the Nagaland state government transferring the DC out of Noklak to Kohima the next day.
It also had the Nagaland State Women Commission (NSCW) sending an inquiry team to Noklak after which, it wrote to the Nagaland Chief Secretary for expediting investigation of the case.
Four days after the complaint was filed, the case was registered at the Noklak PS to be eventually taken over by the State Crime Police Station, Kohima.
Over a year since, the case is in the Kohima Bench of the Gauhati High Court, after the accused, IAS officer Reny Wilfred, moved court seeking the transfer of the case from Tuensang to another court. Wilfred is currently Joint Secretary, IDAN.
As per court papers, the accused filed the petition under section 402 CrPC, for transferring the case from the Special POCSO Court, Tuensang, where he was facing trial. The charges against him include— IPC Sections 354, 376, 511, read with Sections 8 and 10 of the Protection of Children from Sexual Offences (POCSO) Act.
An order of the Kohima Bench, passed on June 16, 2022, stated, “The petitioner has been standing trial in G.R. Case No. 58/2021 in the Court of Learned Special Judge, POCSO at Tuensang and that there he has been facing serious threat to his life and personal liberty and there is also apprehension that he will never get free and fair trial in the POCSO Court at Tuensang as social media campaign is going on against him…”
Pending the disposal of the transfer petition, the trial in the Special POCSO Court was stayed by the higher court.
Latest developments
Subsequent proceedings in the transfer hearing stated that submissions of “pleadings” have been completed. An October 27 order of the court set the date of “Admission hearing” on November 10. It added, “It is made clear that there shall be no further adjournment in the case.” Beginning with the June 16 hearing, the transfer petition has been heard as many as 7 times with the most recent occurring on November 10.
During the November 10 hearing, the petitioner’s counsel sought adjournment of the case to another date. This was opposed by the counsel for the respondents— the complainants in the Noklak case. The court, while citing interest of justice, gave “one last chance” to the petitioner but with the cautioning that the stay of the POCSO court trial would be annulled if “the petitioner does not appear to prosecute the case” on the next set date on November 22.
