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M. R. MENGDEY
KANTIBHAI BABUBHAI PARMAR – Appellant
Versus
STATE OF GUJARAT – Respondent
JUDGMENT :
M.R. MENGDEY, J.
1. The present applications have been preferred by the applicant with a prayer to recall the orders dated 19.05.2023 passed by this court in Special Criminal Application No. 6160 of 2023 and Special Criminal Application No. 6171 of 2023.
2. Learned advocate for the applicant has submitted that Section 15(A) (3) & (5) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (herein after referred to as the “Act”) give an indefeasible right to the victim or his dependant to be heard at any proceeding under the Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceeding.
2.1 Learned advocate for the applicant has submitted that sub-section (3) of Section 15(A) casts duty upon the Special Public Prosecutor or the State Government to inform the victim about any proceedings under this Act. In present case, the applicant was never informed about the aforesaid Special Criminal Applications being filed before this Court either by the Public Prosecutor or by the State Government. The provision of Section 15(A) (3) & (5) are mandatory in nature and since the said provisions have not b
The court established that victims of crimes under the Atrocities Act have a statutory right to be notified and heard in bail proceedings, reinforcing the importance of their participation in the cri....
Rule 14. Specific responsibility of the State Government - (1) The State Government shall make necessary provisions in its annual budget for providing relief and rehabilitation facilities to the vict....
The court established that compliance with victim notification rights under the SC/ST (POA) Act is mandatory, and failure to do so invalidates bail orders.
Victim's rights to notice and participation in bail proceedings under S.15-A of the Act are mandatory.
Bail under SC/ST (POA) Act mandates notice to the victim's dependents, ensuring their participation in bail proceedings is essential for justice.
Point of Law : When there is an apprehension in the mind of a party approaching the court that fairness of hearing be undermined, this court is empowered to transfer the proceeding.
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