Atrocities against members of SCST are not thing of past says SC
New Delhi Oct 29 PTI Atrocities against the members of the Scheduled Castes and Scheduled Tribes are not a thing of the past and the statutory provisions enacted by Parliament as a measure of protecting their constitutional rights must be complied with and enforced conscientiously the Supreme Court said on FridayThe apex court observed while setting aside an order of the Rajasthan High Court which had granted bail to an accused in a murder case in which offences punishable under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act 1989 were also addedA bench of Justices D Y Chandrachud and B V Nagarathna noted that there was an infraction of the provisions of the SCST Act in the matter and the high court had not issued notice to the complainant under the provisions of section 15A of the law while considering the bail pleaAtrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past They continue to be a reality in our society even today Hence the statutory provisions which have been enacted by Parliament as a measure of protecting the constitutional rights of persons belonging to the Scheduled Castes and Scheduled Tribes must be complied with and enforced conscientiously the bench said in its verdictSection 15A of the SCST Act deals with the rights of victims and witnesses and its sub-sections 3 and 5 specifically make the victim or their dependent an active stakeholder in the criminal proceedingsWhile sub-section 3 says that a victim or his dependent shall have the right to reasonable accurate and timely notice of any court proceeding including any bail proceeding under the Act sub-section 5 stipulates that a victim or his dependent shall be entitled to be heard at any proceeding under the law in respect of bail discharge release parole conviction or sentence of an accusedThere has been an evident breach of the statutory requirements embodied in sub-sections 3 and 5 of section 15A in the present case the bench said adding that section 15A of the Act contains important provisions that safeguard the rights of victims of caste-based atrocities and witnessesIt said the SCST Act has been enacted by Parliament to effectuate a salutary public purpose of achieving the fulfillment of constitutional rights of the Scheduled Castes and Scheduled TribesInvestigations in India are the exclusive domain of the police where victims are often relegated to the role of being a spectator in the criminal justice system Victims of crime often face significant hurdles during investigation and prosecution Scheduled Castes and Scheduled Tribes specifically suffer on account of procedural lapses in the criminal justice system They face insurmountable hurdles in accessing justice from the stage of filing the complaint to the conclusion of the trial the bench notedIt said due to the fear of retribution from members of upper caste groups ignorance or police apathy many victims do not register complaints in the first place and if they muster up the courage to approach the cops the police officials are reluctant to register complaints or do not record allegations accuratelyThe top court noted that many perpetrators of caste-based atrocities get away scot-free due to shoddy investigations and the negligence of prosecution and this results in low conviction rates under the SCST Act giving rise to the erroneous perception that cases registered are false and that it is being misusedIn the present case it is evident that the right to notice and to be heard were violated the bench said It noted that when the complainant had moved the high court for cancellation of bail the single judge took the view that compliance with the principles of natural justice at that particular stage would cure the deficiencyThere has been a clear infraction of the mandate of the statute it said adding Sub-sections 3 and 5 have been introduced by Parliament to ensure a right to be heard to the person against whom the offence is committed or to the dependents These provisions must be scrupulously observed It said sub-section 3 of section 15A of the Act provides that reasonable and timely notice must be issued to the victim or their dependent and this would entail that notice is served upon them at the first or earliest possible instanceIf the undue delay is caused in the issuance of the notice the victim or as the case may be their dependents would remain uninformed of the progress made in the case and it would prejudice their rights to effectively oppose the defense of the accused It would also ultimately delay the bail proceedings or the trial affecting the rights of the accused as well it notedThe bench said there was no reasoning in the order of the high court granting bail and such orders cannot pass musterThe duty to record reasons cannot be obviated by recording submissions followed by an omnibus in the facts and circumstances formula Brief reasons which indicate the basis for granting bail are essential for it is the reasons adduced by the court which indicate the basis of the order it saidThe top court while allowing the appeal filed by the man who had lodged a police report regarding the murder of his younger brother based on an FIR registered in 2018 said that the accused shall surrender on or before November 7 PTI ABA ABA RKS RKS
New Delhi Oct 29 PTI Atrocities against the members of the Scheduled Castes and Scheduled Tribes are not a thing of the past and the statutory provisions enacted by Parliament as a measure of protecting their constitutional rights must be complied with and enforced conscientiously the Supreme Court said on FridayThe apex court observed while setting aside an order of the Rajasthan High Court which had granted bail to an accused in a murder case in which offences punishable under the Scheduled Castes and the Scheduled Tribes Prevention of Atrocities Act 1989 were also addedA bench of Justices D Y Chandrachud and B V Nagarathna noted that there was an infraction of the provisions of the SCST Act in the matter and the high court had not issued notice to the complainant under the provisions of section 15A of the law while considering the bail pleaAtrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past They continue to be a reality in our society even today Hence the statutory provisions which have been enacted by Parliament as a measure of protecting the constitutional rights of persons belonging to the Scheduled Castes and Scheduled Tribes must be complied with and enforced conscientiously the bench said in its verdictSection 15A of the SCST Act deals with the rights of victims and witnesses and its sub-sections 3 and 5 specifically make the victim or their dependent an active stakeholder in the criminal proceedingsWhile sub-section 3 says that a victim or his dependent shall have the right to reasonable accurate and timely notice of any court proceeding including any bail proceeding under the Act sub-section 5 stipulates that a victim or his dependent shall be entitled to be heard at any proceeding under the law in respect of bail discharge release parole conviction or sentence of an accusedThere has been an evident breach of the statutory requirements embodied in sub-sections 3 and 5 of section 15A in the present case the bench said adding that section 15A of the Act contains important provisions that safeguard the rights of victims of caste-based atrocities and witnessesIt said the SCST Act has been enacted by Parliament to effectuate a salutary public purpose of achieving the fulfillment of constitutional rights of the Scheduled Castes and Scheduled TribesInvestigations in India are the exclusive domain of the police where victims are often relegated to the role of being a spectator in the criminal justice system Victims of crime often face significant hurdles during investigation and prosecution Scheduled Castes and Scheduled Tribes specifically suffer on account of procedural lapses in the criminal justice system They face insurmountable hurdles in accessing justice from the stage of filing the complaint to the conclusion of the trial the bench notedIt said due to the fear of retribution from members of upper caste groups ignorance or police apathy many victims do not register complaints in the first place and if they muster up the courage to approach the cops the police officials are reluctant to register complaints or do not record allegations accuratelyThe top court noted that many perpetrators of caste-based atrocities get away scot-free due to shoddy investigations and the negligence of prosecution and this results in low conviction rates under the SCST Act giving rise to the erroneous perception that cases registered are false and that it is being misusedIn the present case it is evident that the right to notice and to be heard were violated the bench said It noted that when the complainant had moved the high court for cancellation of bail the single judge took the view that compliance with the principles of natural justice at that particular stage would cure the deficiencyThere has been a clear infraction of the mandate of the statute it said adding Sub-sections 3 and 5 have been introduced by Parliament to ensure a right to be heard to the person against whom the offence is committed or to the dependents These provisions must be scrupulously observed It said sub-section 3 of section 15A of the Act provides that reasonable and timely notice must be issued to the victim or their dependent and this would entail that notice is served upon them at the first or earliest possible instanceIf the undue delay is caused in the issuance of the notice the victim or as the case may be their dependents would remain uninformed of the progress made in the case and it would prejudice their rights to effectively oppose the defense of the accused It would also ultimately delay the bail proceedings or the trial affecting the rights of the accused as well it notedThe bench said there was no reasoning in the order of the high court granting bail and such orders cannot pass musterThe duty to record reasons cannot be obviated by recording submissions followed by an omnibus in the facts and circumstances formula Brief reasons which indicate the basis for granting bail are essential for it is the reasons adduced by the court which indicate the basis of the order it saidThe top court while allowing the appeal filed by the man who had lodged a police report regarding the murder of his younger brother based on an FIR registered in 2018 said that the accused shall surrender on or before November 7 PTI ABA ABA RKS RKS
