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No anticipatory bail in cases under SC/ST Act, says SC

NEW DELHI: The Supreme Court on Monday ruled that a person charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, would not be entitled toanticipatory bail and barred all courts from entertaining pleas for such relief.

A bench of Justices P Sathasivam and Ranjan Gogoi said pre-arrest bail could be denied if the court came to a conclusion that the a prima facie case was made out against the accused as per the FIR.

“Section 18 of the SC/ST Act creates a bar in invoking Section 438 (for anticipatory bail) of the CrPC. However, a duty is cast on the court to verify the averments in the complaint and to find out whether an offence under Section 3(1) of the Act has been prima facie made out,” the bench said.

Justice Sathasivam said, “If there is a specific averment in the complaint, namely insult or intimidation with intent to humiliate by calling the caste name, the accused persons are not entitled to anticipatory bail.”

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Comments (5)

  1. […] No anticipatory bail in cases under SC/ST Act, says SC (kractivist.wordpress.com) […]

  2. […] No anticipatory bail in cases under SC/ST Act, says SC (kractivist.wordpress.com) […]

  3. […] No anticipatory bail in cases under SC/ST Act, says SC (kractivist.wordpress.com) Share this:TwitterFacebookLinkedInDiggStumbleUponTumblrPrintEmailRedditLike this:LikeBe the first to like this. Leave a Comment by kracktivist on September 29, 2012  •  Permalink Posted in Advocacy, Announcements, Human Rights, Justice, Kractivism, Law, Minority Rights, Violence against Women Tagged Caste, Dalit, Delhi, Delhi High Court, discrimination, Guru Gobind Singh Indraprastha University, Human Rights, India, New Delhi, Raj Kapoor, Scheduled castes and scheduled tribes, Sharma […]

  4. videh kumar

    I wonder how ONGC got anticipatory bail against the charge of attrocities by its ex-CMDs and present directors in case involving Shri JT Mahavar, ex- ED of ONGC.

  5. videh kumar

    I wonder how ONGC got anticipatory bail against the charge of attrocities by its ex-CMDs and present directors in case involving Shri JT Mahavar, ex- ED of ONGC.

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