Can't be mute to cases under SC ST Act: HC

Vijay Arora

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Shimla, May 27

Courts cannot be mute spectators even when from the face of the allegations it is seen that the provisions of the Schedule Caste & Schedule Tribe Act (SCST Act) have been invoked simply with a view to denying the benefit of anticipatory bail under Section 438 of the Code of Criminal Procedure.

This was held by the HP High Court, while allowing the bail petition of an accused, who was booked under the provisions of the SC ST Act.

While passing this order, Justice Anoop Chitkara observed that, “When prima facie, the court notices that the provisions of the Act have been used as a tool to send people in custody, then in such cases, it shall be prudent, proper and legal to grant ad-interim bail or regular bail.”

It further held that, “The practice of accused surrendering before the Sessions Court or High Court and thereby obtaining bail cannot be said to be with a view to override the legislative intention of restraining the anticipatory bail to the violators of the SCST Act. If the allegations are serious, keeping in view the object of the SCST Act and the purpose for which this stringent provision in SCST Act was enacted, then certainly, such kind of accused would not be permitted to take advantage bails after surrender.”

The court further held that, “However, when prima facie, the court notices that the provisions have been used as a tool to send people in custody, then in such cases, it shall be prudent, proper and legal to grant ad-interim bail or regular bails.”