No anticipatory bail in SC/ST atrocity case: HC
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Last Updated: Tuesday, December 06, 2011, 21:41
Ahmedabad: A division bench of Gujarat High Court has ruled that any person accused of committing atrocity against people belonging to scheduled castes/tribes, cannot legally seek anticipatory bail.

The division bench of Justice A L Dave and Justice Bankim N Mehta has further ruled that a court cannot grant such persons anticipatory bail in view of specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The court passed the ruling last week while deciding on a crucial question referred to it by a single judge, whether provisions contained in Prevention of Atrocities Act, 1989 imposes a bar on a person's right to anticipatory bail.

"Once a provision of law enacted by Legislature is held to be not unconstitutional or not violative of Article 21 of the Constitution, the same stands on statute book and has to be read as it is and court while interpreting the same, cannot read what is not provided for in the provision nor can it ignore what is provided for in the provision," the division bench ruled.

"A person who is facing accusation of having committed an offence under the Atrocities Act, cannot legally invoke provisions of Section-438 of the CrPC in view of specific bar contained under Section-18 of the Atrocities Act and a court cannot grant anticipatory bail to a person accused of having committed an offence," it added.


First Published: Tuesday, December 06, 2011, 21:41

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