By Rupali Gupta-
“An appeal preferred under the SC/ST (prevention of atrocities) act are established only when complainant/victim acts like a respondent party” on Friday Rajasthan high court has passed the order in which high court authorized its registry to ensure that.
The order has been passed by justice Sandeep Mehta under section 15(3) and 15(5) of the SC/ST act ehich provides the right of victim/complainant.
“reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding” and entitlement to “be heard at any proceeding under the Act in respect of bail, discharge, release,” etc., respectively.
Accused filed the bail application under section439 of Crpc. But it was rejected by the court under section 14A of the act.
“The appeal of the accused under Section 14A of the SC/ST Act against an order rejecting bail cannot be decided without notifying the complainant/victim of these proceedings,” the bench held.
Recently, Karnataka high court had observed about the right of hearing of the victim in matters relating to offences the SC/ST acts.
“Where a right of Audi Alterm Partem is conferred on the victim or his dependents, then the court has to give an opportunity/right of audience to the victim or his/her dependent to hear them as to enable them to participate in the proceedings including bail proceedings also,” it had observed.
Karnataka high court had issued the following guidelines about the aforementioned provision.
- “A right is conferred on the victim or his/her dependents to participate in the proceedings initiated under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as enumerated in Section 15-A. Therefore, the first informant/ complainant/ victim or dependents shall be made as a party in the proceedings and issue necessary notice to the victim or dependents/ first informant/ complainant/ victim or dependents and to hear them in any proceedings as envisaged under Sub-section (5) of Section 15-A of the SC/ST Act.
- The Special Courts trying with the offence/s under the SC/ST Act shall direct the District Legal Services Authority to provide an advocate on behalf of the victim or his/her dependents/ first informant/complainant from the Panel Advocates of District Legal Services Authority.”
Court has asked the appellant to take proceedings against the complainant/victim as a respondent party and matter has postponed for consideration by court till july 29.
