Supreme Court grants interim protection to News Anchor Sudhir Chaudhary in Jharkhand FIR over Anti-Tribal remarks
The Jharkhand High Court had earlier refused to stay proceedings against Sudhir Chaudhary.
SC & ST Act
‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim
“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”
Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act
A person should behave with a sense of responsibility while communicating something to others and cannot justify the same through limited circulation.
“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC
The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
Special Courts under SC/ST Act can order lodging of FIR and pre-trial proceedings, under Section 156(3) of CrPC: Allahabad High Court reiterates
Allahabad High Court saidthat in absence of any specific exclusion, Exclusive Special Courts/Special Courts under SC/ST Act, 1989 may exercise powers to order FIR and investigation as per provisions of Cr PC to achieve object of the Act and ensure speedy justice.
Kerala High Court | Courts should carefully analyse cases while dealing with pre-arrest bail pleas under SC/ST Act
It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act
Allahabad High Court sets free rape convict languishing in jail from past 21 years; Showed anguish on authorities for notconsidering him for remission
Allahabad High Court: In an appeal against the judgment passed by Special Judge convicting the accused under Section 376 of
“Death was not pre-meditated”; Allahabad High Court modifies conviction under Section 302 IPC into Section 304 IPC
Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the
Allahabad High Court points out trend of compromise after receiving the compensation from the State; Suggests disbursement only after conviction
Allahabad High Court: Dinesh Kumar Singh, J. in the present case took opportunity to point out a trend that in large number
SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975
Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners
Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?
The Courts ought to be vigilant to ensure that the complainant-victim has entered into the compromise on the volition of his/her free will and not on account of any duress. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.
Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions
Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of
Ker HC | No writ of mandamus can be issued to direct the legislature to enact any law; Court upholds validity of State Commission for SC/ST Act
Kerala High Court: A Division Bench of S. Manikumar and Shaji P. Chaly, JJ., while deciding the Constitutional validity of the Kerala
Bom HC | POCSO Act overrides S. 14-A of SC/ST Act: Court while granting bail to applicant accused of sexual assault/rape on minor victim belonging to scheduled caste
Bombay High Court: Bharati Dangre, J., allowed a bail application and granted bail to the applicant who was accused of committing the
P&H HC | No offence constituted under SC/ST Act where abusive language in the name of caste used over phone call: Criminal proceedings against accused quashed
Punjab and Haryana High Court: Harnaresh Singh Gill, J.,quashed the criminal proceedings against the appellant accused of using abusive language against the complainant
Madras HC | In view of possible ‘misuse of pious intention of Parliament’, consideration of bail application in case under SC/ST Act directed on the same day of surrender
Madras High Court: G.K. Ilanthiraiyan, J., allowed a criminal original petition filed by petitioner accused under the Scheduled Castes and Scheduled Tribes (Prevention of
Bom HC | S.18 of SC/ST Act doesn’t statutorily bar High Court from considering anticipatory bail application under S. 438 CrPC
Bombay High Court: K.K. Sonawane, J., while reversing the judgment passed by Additional Sessions Judge, allowed pre-arrest bail applications of appellants filed under
Guj HC | Bail granted to accused booked under SC/ST Act since substantial investigation was over and no other offence was registered
Gujarat High Court: The Bench of S.H. Vora, J. allowed an appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes