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The Court clarified that Section 104(1-A), IR Code starts with a non-obstante clause, thereby enabling it to operate even if there is any contrary or inconsistent provision contained in the same statute.
It was argued before the Court that the offences alleged against the appellants were very serious, and they can even be sentenced to imprisonment for life if the charges are proved.
“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”
“The prima facie conclusion that the accused had not committed any offence under Sections 376(2)(n) and 506 IPC, automatically lead to a conclusion that they had not committed an offence under Section 3(2)(v) of the SC/ST Act.”