Apex court refuses to stay SC/ST Act bail

Tribune News Service

New Delhi, March 26

The Supreme Court on Monday refused to stay a Gujarat High Court order giving anticipatory bail to two builders accused of land- grabbing and atrocities against tribals.

The Gujarat High Court had followed the March 20 Supreme Court verdict laying down safeguards to protect innocent citizens and public servants against abuse of the stringent Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

A three-judge Bench headed by Chief Justice of India Dipak Misra issued notice to the accused and the Gujarat Government on the petition seeking setting aside of anticipatory bail given to the accused.

On behalf of petitioner Arjun Sankar Bhai Rathod, senior advocate Dushyant Dave assailed the anticipatory bail granted by the High Court, saying the accused builders forged power of attorneys and took away the designated tribal land from him. 

He said the top court diluted the rigour of the Act by allowing courts to entertain anticipatory bails in such cases. However, the Bench chose not to stay the High Court's order and only issued notice to the accused and the state government.

Dave alleged that the recent judgment overlooked another verdict delivered by the top court last year and demanded that the High Court order should be stayed, or else it would lead to more injustice. 

Dave's submissions were opposed by senior advocate Abhishek Manu Singhvi on behalf of the accused builders. In its March 20 verdict, the top court had said that on “several occasions”, innocent citizens were being termed as accused and public servants deterred from performing their duties, which was never the intention of the legislature while enacting the law.

“There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where, on judicial scrutiny, the complaint is found to be prima facie mala fide,” the Bench had held.

Meanwhile, the Lok Janshakti Party has filed a review petition in the Supreme Court against its order laying down guidelines to check misuse of the SC/ST Act.