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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR
Harshadbhai Danubhai Katariya – Appellant
Versus
State of Gujarat – Respondent
ORDER :
(HASMUKH D. SUTHAR, J.)
"For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality."
— Dr. B.R. Ambedkar.
(Address at the All-India Depressed Classes Conference held at Nagpur in July 1942.)
1. Both applicants are facing the same allegations, and their respective anticipatory bail applications were rejected by the learned Special Judge (Atrocity) by assigning same reasons. Hence, both the appeals were, with consent, heard together and decided by a common oral order.
2. Admit. Learned APP waives service of notice for the respondent-State and Mr. M. G. Gadhvi, learned advocate waives service of notice of admission for the respondent-complaint.
3. The present appeals, filed under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Atrocities Act'), are preferred by the appellants seeking anticipatory bail in the event of their arrest in connection with FIR No. I-C.R. 11211005250023 of 2025, registered with Patdi Police Station, Surendranagar for the punishable under Sections 105, 125 and 54 of the Bhartiya Nayay Sanhita, 2023 and Section 3
The court held that principal employers can be held liable under the Atrocities Act for failing to prevent manual scavenging, emphasizing the importance of supervision and safety measures.
The main legal point established is that when there is no prima facie material to show the act in question was caste-based, certain provisions of the Scheduled Castes and the Scheduled Tribes (Preven....
The main legal point established in the judgment is that the authenticity and timing of allegations, specificity of the allegations, and presence of independent witnesses are crucial factors in deter....
The statute mandates timely filing of complaints; failure to comply renders criminal proceedings invalid.
Legislation prohibits manual scavenging and mandates rehabilitation, yet ineffective implementation led to continued practices; court directed comprehensive measures to ensure adherence and accountab....
The court mandated compliance with compensation directives and safety regulations for laborers engaged in hazardous work, emphasizing the state’s duty to protect fundamental rights.
The judgment emphasizes the need to demonstrate intention to humiliate a member of the SC/ST community for the SC/ST Act to apply, and discusses the applicability of anticipatory bail under the Act.
The court ruled that allegations of caste-based abuse must occur in public view to invoke the bar on anticipatory bail under the Atrocities Act, which was not established in this case.
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