The Law and Judiciary (L&J) department on Thursday sent advocate Rohini Salian the notification appointing her as the SPP in the case.
The state has appointed advocate Rohini Salian as a special public prosecutor (SPP) in a case against one of the accused in the 1998 abetment to suicide case of a Sophia College student, Indu Anto, in the juvenile court. Child rights activists say that this order goes against the tenets of juvenile justice legislations.
The Law and Judiciary (L&J) department on Thursday sent Salian the notification appointing her as the SPP in the case. Salian is already the SPP in the case against accused Melissa D’Souza in the Sewree fast-track court. “The department has only sent me the letter. I am yet to get the papers in the case,” said Salian.
This appointment has been made after a division bench of the Bombay high court on October 1, 2009 ordered that Salian be appointed as the SPP in the case before the juvenile court as well as the fast-track court. Anto’s father, CL Anto, had sought for an SPP to be appointed in the case.
In April, two officers of L&J department moved the high court seeking a modification of the 2009 order on the ground that the Juvenile Justice (Care and Protection of Children) Act does not provide for the appointment of public prosecutors.
The court on April 28 held that a rule in the Act provides for appointment of lawyers, social workers, mental health experts who may assist the committee. The court held there is no prohibition in the appointment of additional and assistant public proseuctors and they do not see any reason to modify the order.
“While there is nothing in the JJ Act that says SPP can’t be appointed, this order is against the tenants of juvenile justice legislation. It means we are seeking conviction. In a juvenile court, it’s important to know if the person is guilty. And for that an ordinary public prosecutor is enough. It is important how the child is treated. The whole Act is based on reformation. Are we making criminal courts for little children now,” asked child rights lawyer Maharukh Adenwala.
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