No absolute bar on anticipatory bail under SC/ST Act, rules Supreme Court

Tribune News Service

New Delhi, August 24

There is no absolute bar from granting anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court has ruled.

A Bench of Justice JB Pardiwala and Justice Manoj Misra said “the bar under Section 18 of the (SC/ST) Act, 1989, would apply only to those cases where prima facie materials exist pointing towards the commission of an offence under the Act.”

Section 18 of the SC/ST Act excludes the application of Section 438 of the Criminal Procedure Code — which allows a person to apply for anticipatory bail — in cases involving the arrest of any person on an accusation of having committed an offence under the Act. However, the Bench said Section 18 of the Act does not impose an absolute fetter on the power of the courts to examine for grant of anticipatory bail whether a prima facie case attracting the provisions of the Act is made out or not.

It said it bars the remedy of anticipatory bail only in those cases where a valid arrest of the accused person can be made as per Section 41 read with Section 60A of the CrPC.

It granted anticipatory bail to Shajan Skaria, editor of Malayalam YouTube News Channel ‘Marunadan Malayalee’, accused under the SC/ST Act for allegedly making certain derogatory remarks against CPM leader and Kerala MLA PV Srinijin.

However, the top court clarified that “if all the ingredients necessary for constituting the offence (under SC/ST ACT) are borne out from the complaint, then the remedy of anticipatory bail becomes unavailable to the accused”.

Describing anticipatory bail as “an important concomitant of personal liberty of the individual”, the Bench said, “The duty to determine prima facie existence of the case is cast upon the courts with a view to ensure that no unnecessary humiliation is caused to the accused.”

Personal liberty

The Bench described anticipatory bail as “an important concomitant of personal liberty of the individual”. It said, “The duty to determine prima facie existence of the case is cast upon the courts with a view to ensure that no unnecessary humiliation is caused to the accused.”