Legal Provisions Involved: Section 15A of the SC/ST (Prevention of Atrocities) Act, 1989; Sections 218 to 223 of the Code of Criminal Procedure, 1973.

Judgement By: Supreme Court of India

Judge/Bench: Justice B. V. Nagarathna and Justice R. Mahadevan

Facts

The complainant, who belongs to a Scheduled Caste community, was allegedly attacked and abused by the accused persons. An FIR was filed under several IPC sections along with provisions of the SC/ST Act. While the accused were on bail in the first case, they were allegedly involved in another serious offence, including the killing of a key witness. Despite this, the High Court granted them bail and also ordered that both cases be tried together.

Key Legal Provisions

Section 15A of the SC/ST (Prevention of Atrocities) Act, 1989; Sections 218 to 223 of the Code of Criminal Procedure, 1973.

Issues Raised

Whether a victim’s right under Section 15A includes the right to get a favourable court order, and whether the High Court could order a joint trial at the bail stage.

Arguments of the Case

The complainant argued that the accused had a history of threatening witnesses and that combining the two cases was illegal. The accused claimed false implication and said the bail cancellation plea was motivated by personal rivalry.

Judgement

The Supreme Court held that Section 15A only ensures that the victim is heard; it does not guarantee that the court will accept every objection raised by the victim. The court also held that the High Court exceeded its powers by ordering a joint trial at the bail stage. The High Court’s order was set aside, bail was cancelled, and the accused were directed to surrender.

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