Supreme Court Requests Allahabad HC's Input on POCSO Judge's Removal Amid Rape Allegations
The Supreme Court has called for responses from the Allahabad High Court regarding a petition to remove a POCSO judge facing rape charges.
The Supreme Court is reviewing a petition against Additional District Judge Ashok Bhartendu, who is facing rape allegations.
The court emphasized the need for the Allahabad High Court to take necessary administrative actions regarding the judge's position.
Bhartendu is currently involved in a pending criminal case that raises concerns about his ability to preside over sensitive cases.
On Monday, the Supreme Court of India sought responses from the Allahabad High Court and Additional District Judge Ashok Bhartendu concerning a petition filed by a rape survivor. The petition calls for Bhartendu's removal from his role as a special judge under the Protection of Children from Sexual Offences Act (POCSO) due to ongoing rape charges against him in Delhi.
The bench, led by Chief Justice Surya Kant, along with Justices Joymalya Bagchi and V Mohana, expressed its intention to review the progress of a vigilance complaint filed against Bhartendu. During the proceedings, Rakesh Kumar Singh, representing the survivor, pointed out the troubling situation of a judicial officer overseeing POCSO cases while being an accused in a rape case himself. Singh noted that despite the serious allegations, Bhartendu continues to serve in his judicial capacity.
Singh urged the Supreme Court to exercise its constitutional authority to oversee the subordinate judiciary, highlighting that no disciplinary actions had been taken against Bhartendu, which could impede the trial's progress. He argued that the judge's continued presence in the courtroom could obstruct justice, advocating for his removal from judicial duties at the very least.
The bench, however, clarified that it would not directly remove Bhartendu from his position, leaving that decision to the Allahabad High Court. Justice Bagchi remarked on the lack of visible progress regarding the vigilance complaint and indicated that the court would direct the High Court to address the matter appropriately. The bench emphasized that its observations would be limited to the disciplinary proceedings.
The controversy stems from an FIR filed against Bhartendu on December 8, 2022, at the Mayur Vihar Phase-I Police Station in Delhi, accusing him of rape under the pretense of marriage. Although he sought to challenge the FIR, the Delhi High Court granted him interim protection from arrest in March 2023, suggesting that the case might be more about a breach of promise than a false promise. However, the High Court later clarified that there was no stay on the trial proceedings, instructing the trial court to move forward with the case. As the trial progresses, the survivor has taken her concerns to the Supreme Court, arguing that a judge facing such serious allegations should not be allowed to oversee sensitive cases under the POCSO Act.
