SC dismisses former Noklak DC’s transfer petition

Trial to resume in Tuensang POCSO court

Morung Express News
Dimapur | July 24

The Supreme Court, on July 24, dismissed a petition filed by the former Deputy Commissioner of Noklak, Reny Wilfred, who is embroiled in a sexual misconduct case against two minors. 

The petition pertains to allegation of sexual misconduct dating to August 2021 during his stint as the DC Noklak.  The allegation was filed by two minor girls, who were alleged to have been employed by the accused at his residence. The case was registered at the Noklak Police Station and was subsequently taken over by the State Crime Police Station. The charges against him were filed under IPC Sections 354, 376, 511, read with Sections 8 and 10 of the Protection of Children from Sexual Offences (POCSO) Act. 

He subsequently began facing trial in the special POCSO court, Tuensang, when he filed a transfer petition in the Gauhati High Court, Kohima Bench, in June 2022, seeking transfer of the trial from the POCSO Court in Tuensang to another, citing threat to his life and “apprehension” on the prospect of a free and fair trial. 

Pending a decision on Wilfred’s petition, the High Court stayed the trial in the POCSO Court, Tuensang, while the hearing dragged on into 2023. In April, this year, the High Court dismissed his petition and also the stay on the trial in the POCSO Court. 

In May, he filed a Special Leave petition appealing against the High Court directive. The SC also stayed the trial in the POCSO Court. 

Two months and 6 hearings later, on July 24, the SC dismissed Wilfred’s appeal. The directive issued by a Division Bench comprising of Justice Aniruddha Bose and Justice Dipankar Datta ruled that no reason was found to transfer Wilfred’s trial. “The special leave petition is, accordingly, dismissed,” the ruling said, while also lifting the interim stay on the POCSO court trial.

It allowed Wilfred to appear before the trial court via virtual mode “on the days of hearing on which the Special Court is satisfied that his personal appearance is not required.”