SC CRITICIZED THE GUJARAT GOVERNMENT FOR NOT APPEALING AGAINST THE HC ORDER OF GRANTING BAIL TO ACCUSED

The Supreme Court criticized the Gujarat government for not filing an appeal against the Gujarat High Court's order to grant bail to two persons charged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) the murder of a Dalit. 

A Court said that "By not filing an appeal against the impugned judgments releasing the accused on bail in such a serious matter, the State has miserably failed to safeguard the rights of the victim. We believe that this was the fit case where the State should have preferred the appeals challenging the orders". 

The SC heard an appeal by a complainant against the judgment of Gujarat HC. The accused persons were facing charges under the SC/ST act and the IPC after they allegedly killed a person who was collecting scrap from a space behind a factory. The Sessions Court rejected the bail plea of the accused persons. Tejas Kanubhai Zala (one of the accused) moved to Gujarat, HC, which granted him bail. Subsequently, the other accused, Jaysukhbhai Radadiya, was also granted bail. And hence, the present appeal.

The SC expressed displeasure at the State and said that "In criminal matters, the State is the custodian of the social interest at large. It is the State's responsibility to take essential steps for bringing the person who has acted against the social interest of the community to book". 

The bench proceeded to set aside the order passed by the Gujarat HC.

Author: Papiha Ghoshal