IMPORTANT POINT
Central Government and State Governments directed to strictly enforce the provisions of the Act and the Rules.

JUDGMENT :

L. Nageswara Rao, J.

“I do not want to be reborn, but if I am reborn, I wish that I should be born as a Harijan, as an untouchable, so that I may lead a continuous struggle, a lifelong struggle against the oppressions and indignities that have been heaped upon these classes of people”. – Mahatama Gandhi

The Petitioners who are voluntary organisations are continuing the struggle for emancipation of members of Scheduled Castes and Scheduled Tribes. The Petitioners have filed this Writ Petition aggrieved by the non-implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘the Act’) and the rules made thereunder, seeking the following reliefs:

A. “Issue a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to set up special officers, nodal officers and protection cell as required under the Act forthwith.

B. Pass an order directing the nodal officer to investigate every case where a complaint is made to him regarding negligence of a police officer, where the FIRs are illegally no registered or registered improperly, where charge sheets are filed late, where the investigation is done by an officer lower in rank than a Dy. SP, and to take action against the officer concerned for acting contrary to the provisions of the Act in accordance with law.

C. Pass an order directing the Respondents to file status reports on filing charge-sheets in SC/ST (PoA) Act of 1989 cases and duration that have taken in last five years.

D. Pass an order directing the Respondents to set up separate Special Courts for each district within six months.

E. Pass an order directing the Respondent to file status reports on registration of FIR’s against the erring officials under Section 4 of the Act.

F. Pass an order directing the Respondents to identify and notify atrocity prone areas and to take appropriate action in accordance with law immediately.

G. Pass an order directing the Respondents to file status reports on the cases they registered against SC/STs after the SC/ST lodged complaint and status of the cases.

H. Pass an order directing the judicial officers to carefully monitor all cases in their jurisdiction to ensure that he cases are given top priority and speedy justice is done for the victims of caste atrocities & to make a report every six months to the High Court.

I. Pass an order directing the District Magistrate to review the performance of Special Public Prosecutors every month & report to their respective High Court.

J. Pass an order directing the Respondent to file status reports of the public prosecutors’ performance regarding SC/ST cases with a period of six months.

K. Pass an order directing the District Magistrates to appoint senior Advocate for prosecution if the victim so desires.

L. Pass an order directing the Respondent to appoint, wherever possible, public prosecutors from the SC/ST caste and If possible SC/ST women advocates and impart periodic training.

M. Pass an order directing all judicial officers to play a proactive role during the trial to ensure that the prosecution conducts itself competently and nothing is done to result in any disservice to the victims.

N. Pass an order directing the Respondents and particularly the Director of Prosecutions to review all cases of acquittal by the Special Courts over the last five years which have not been carried in appeal, and to take immediate steps in accordance with law.

O. Pass an order directing all judicial officers to pay particular attention for cases where the accused have not been arrested.

P. Pass an order directing all judicial officers to ensure that no pressure whatsoever is brought to bear on the victims or their witnesses to force them to withdraw from prosecution.

Q. Pass an order directing the Respondents to instruct the special public prosecutors to file for cancellation of bail where the same is contrary to the purpose and objective of the Atrocities Act.

R. Pass an order