Delhi High Court: Complainant's Voice Essential in SC/ST Atrocity Bail

The Delhi High Court issued a pivotal verdict affirming that bail cannot be granted in cases under The Scheduled Tribes (Prevention of Atrocities) Act, 1989, without hearing the complainant. In an order on February 14, Justice Navin Chawla underscored the mandatory nature of victim participation in such cases.

The ruling responded to a plea challenging the trial court's decision to grant bail to an accused facing charges of rape, public disrobing, and criminal intimidation under the Indian Penal Code. Sections 3(1)(w)(i) and 3(2)(v) of the SC & ST Act were also invoked. The complainant alleged that the bail order was issued without notifying her.

Justice Chawla emphasized, "Compliance with sub-section (3) and (5) of Section 15A of the SC & ST Act is mandatory in nature, and the bail granted in contravention thereof is liable to be set aside only on that ground."

The Court ordered the restoration of the bail application to the special judge's file, with directions to consider it after affording the complainant an opportunity to be heard. The accused was granted a 15-day reprieve from immediate custody, pending further orders.

Senior Advocate Trideep Pais and the legal team representing the victim welcomed the ruling, stating that it upholds the intrinsic rights of complainants and emphasizes fairness in procedural matters.

The High Court's decision aligns with the principles of victim-centric jurisprudence and ensures that the complainant's voice is integral in legal proceedings involving atrocities against Scheduled Tribes. The ruling acts as a significant legal safeguard, reinforcing the commitment to procedural justice and the protection of the rights of marginalized communities.

Author: Anushka Taraniya

News Writer, MIT ADT University