Judge to explain for pre-arrest bail in SC/ST Act

Legal Correspondent

Shimla, March 16

The High Court has sought an explanation from a judicial officer that under what circumstances he has granted anticipatory bail for an offence relating to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Passing this order, Justice Tarlok Singh Chauhan observed, “It is really shocking that the judicial officer that too of the rank of Special/Sessions Judge has granted anticipatory bail under Section 438 CrPC (Anticipatory bail) for an offence relating to the Act, 1989, without caring to go through the provisions of the Act.”

Justice Chauhan passed this order on a petition filed by the state government challenging the order passed by the Special Judge, Una, whereby he had granted anticipatory bail to the person who was allegedly booked under the provisions of the SC/ST Act.

The state in its petition contended that the court had not taken care of the fact that there was specifically bar under the SC/ST Act regarding granting pre-arrest bail to any accused who was booked under the provisions of the Act.