Under SC Act, only special courts can take up pre-arrest bail pleas: Punjab and Haryana High Court

Saurabh Malik

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Chandigarh, December 14

In a significant judgment liable to change the way anticipatory bail is granted to the accused in cases registered under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the Punjab and Haryana High Court has made it clear that only special courts have the jurisdiction to entertain such pleas in the very first place.

Justice Ashok Kumar Verma also made it clear that the accused would not have a right to move the High Court directly praying for the grant of bail unless there was an order by the special court refusing the same. Only an appeal could be filed before the High Court against an order of the special court or the exclusive special court.

The ruling came on an anticipatory bail plea by a journalist alleged to have committed offences punishable under the provisions of the Act and extortion under Section 384 of the IPC. The Bench was told that an FIR in the matter was registered on October 19 at Assandh police station in Karnal district.

Justice Verma added the moot point requiring consideration was whether the petitioner alleged to have committed offences under the SC/ST Act could approach the High Court directly by filing an application under Section 438 of the CrPC for anticipatory bail.

Justice Verma asserted the SC/ST Act had carved out a special procedure. Special courts/exclusive special courts had been established for dealing with cases involving offences against the Scheduled Castes and Scheduled Tribes.

A special scheme contemplated under the Act indicated a deviation from the general law. It conferred certain exclusive and distinctive powers upon the special courts unavailable under the general laws. Such powers were not there with a regular court. It could, as such, be concluded that the Act gave primacy and exclusivity to the special court.

“Under the special provisions of the SC/ST Act, the right of the victim and the witnesses are on a higher pedestal than provided under the CrPC,” Justice Verma added.

Can’t approach High Court directly

An appeal will lie only against an order of the special court or the exclusive special court. Unless there is an order of the special court refusing bail, the accused will have no right to file an appeal before the High Court praying for grant of bail to them. — Justice Ashok Kumar Verma