Punjab and Haryana High Court Directs Haryana Government to ‘Expedite Notification Within Two Months’ for Setting Up Fast Track POCSO Courts Amid ‘Alarming Rise in Child Rape Cases’
Sanchayita Lahkar
The High Court of Punjab and Haryana Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel disposed of a writ petition seeking the establishment of additional Special Courts under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court directed the State of Haryana to expedite the process of issuing relevant notifications necessary for setting up Fast Track Special Courts dedicated to POCSO cases. The Court recorded that the High Court had already recommended the establishment of new Special Courts and that the Central Government had allocated substantial funds for the purpose. Observing that immediate steps were required to ensure compliance with legal mandates, the Court fixed a timeline of two months for action by the State Government.
The petitioners approached the High Court seeking directions to establish more Fast Track Special Courts to deal exclusively with offences punishable under the POCSO Act, 2012. It was submitted that the alarming rise in incidents of sexual offences against children required urgent judicial infrastructure enhancement to ensure timely adjudication of such sensitive matters. The petitioners relied on the guidelines issued by the Supreme Court in 'Re: Alarming Rise in the Number of Reported Child Rape Incidents – Suo Motu CWP (Crl.) No.1 of 2019', wherein the Apex Court had stressed the need for expeditious trials under the POCSO Act.
During the hearing, counsel representing the High Court informed the Division Bench that as of 21 April 2025, the High Court had already taken necessary steps by recommending the establishment of four new Fast Track Special Courts under the POCSO Act in the State of Haryana. Specifically, it was submitted that two Fast Track Special Courts were proposed for Faridabad, and one each for Panchkula and Gurugram. A document reflecting these recommendations was produced before the Court and marked as 'X' for the record.
The counsel further clarified that these recommendations had been transmitted to the Haryana Government for necessary administrative action, including the issuance of requisite notifications for setting up and operationalizing the courts.
Meanwhile, the Additional Solicitor General of India, Mr. Satya Pal Jain, informed the Court that the Central Government had allocated ₹200 crores towards the establishment and functioning of Fast Track Courts and POCSO Courts across various States. The Union of India submitted that while financial support was available, the responsibility for establishing and notifying the Special Courts rested exclusively with the respective State Governments under the statutory framework of the POCSO Act.
The Central Government's reply made it clear that its role was supportive, while the initiation and execution of the actual establishment process—including issuance of notifications and operational readiness—were within the exclusive domain of the State Government.
Given the submissions and records placed before it, the Court noted that the grievances raised by the petitioners regarding the necessity of establishing additional POCSO Courts had, to a significant extent, been addressed by the proactive recommendations of the High Court and the financial facilitation by the Central Government.
However, to ensure that the recommendations did not merely remain on paper and were translated into actual functioning Fast Track Special Courts, the petitioners sought a firm direction to the State Government to expedite the necessary steps. The State of Haryana was thus directed to complete the formalities of notification within a stipulated timeline, considering the sensitivity and importance of cases under the POCSO Act.
The Court observed that "during the course of hearing, learned counsel for the High Court informs that on 21.4.2025 the High Court has recommended establishment of two Fast Track Special Courts under POCSO Act at Faridabad, one at Panchkula and one at Gurugram."
It recorded that "the said recommendations have been sent to the Haryana Government," and noted that "the said document is taken on record as Mark ‘X’."
Justice Sheel Nagu stated that "Mr. Satya Pal Jain, Additional Solicitor General of India also invited our attention through their reply to the fact that an amount of ₹200 crores has been allocated by the Central Government for functioning of Fast Track Courts as well as POCSO Courts in different States."
It was observed that "the Central Government in its reply also reveals that the establishment as well as designation of Special Courts under POCSO Act lies within the domain of the State Government."
The Bench recorded that "in view of the above, for the time being, the grievances raised by the petitioners have been answered satisfactorily."
The Court further recorded that the directions issued were necessary to ensure that procedural formalities did not delay the objective of expeditious disposal of child sexual offence cases in light of constitutional and statutory mandates.
The Court directed, "to expedite the process of establishment of Fast Track Special Courts under POCSO Act, the State of Haryana is directed to expedite the process especially for issuing relevant necessary notification in this regard, within a period of two months."
It was ordered that "for the time being, the grievances raised by the petitioners have been answered satisfactorily."
The Court thus disposed of the writ petition accordingly.
Advocates Representing the Parties
For the Petitioners: Mr. Shikhar Goel, Advocate; Mr. Abhimanu Jangra, Advocate; Mr. Soeb Khan, Advocate
For the Respondents: Ms. Ashima Mor, Advocate; Mr. Gyan Parkash Saini, Advocate for Respondent; Mr. Naveen S. Bhardwaj, Additional Advocate General, Haryana; Mr. Satya Pal Jain, Additional Solicitor General of India with Ms. Krishna Dayama, Senior Panel Counsel for UOI
Case Title: Anshul and Others v. Punjab and Haryana High Court, Chandigarh and Others
Neutral Citation: 2025: PHHC:053399-DB
Case Number: CWP No. 27489 of 2023
Bench: Chief Justice Sheel Nagu and Justice Sumeet Goel
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