Bar and Bench·3 min read·medium

Supreme Court seeks response from Allahabad HC on plea to remove POCSO judge facing rape case

R
Ritwik Choudhury
Supreme Court seeks response from Allahabad HC on plea to remove POCSO judge facing rape case
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The Supreme Court of India has requested responses from the Allahabad High Court and a judge regarding a petition to remove him from his position as a POCSO judge. The judge is currently facing criminal proceedings for rape, raising concerns about the integrity of the judicial process.

Why it matters

It highlights critical questions regarding judicial ethics and the potential conflict of interest when a judge presiding over sexual offense cases is himself an accused in a similar criminal matter.

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The Supreme Court on Monday sought responses from the Allahabad High Court administration and Additional District Judge (ADJ) Ashok Bhartendu on a petition filed by a rape survivor seeking Bhartendu's removal as a special POCSO judge in view of a pending rape case against him in Delhi..A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana also said that it would examine the progress of the vigilance complaint lodged against Bhartendu..During the hearing, advocate Rakesh Kumar Singh, appearing for the rape survivor, highlighted the irony of a judicial officer presiding over a court designated under the Protection of Children from Sexual Offences Act (POCSO Act) while facing criminal proceedings for rape himself."Higher judicial officer is unfortunately an accused and cognisance has already been taken, and still he is continuing as a POCSO judge...

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