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1995 JLJ 172
(SUPREME COURT)
B.P. Jeevan Reddy and Sujata V. Manohar, JJ.
State of M.P. and another v. Ram Krishna Balothia and another
C.A. No. 1343 of 1995; against 1994JLJ 372; Decided on 6.2.1995.
It is pointed out in the statement of object and reasons that when members of the Schedules Castes and Schedules Tribes assert their rights and demand statutory protection, vested interests try to cow them down and terrorise them. In these circumstances, if anticipatory bail is not made available to persons who commit such offences, such a denial cannot be considered as unreasonable or violative of Article 14, as these offences form a distinct class by themselves and cannot be compared with other offences. 1994 JLJ 372 reversed. [Para 6
(2) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 -- S. 18 -- Constitution of India --Art. 21 -- Criminal P.C., 1973 u/S. 438 -- provision under S. 18 of the Act preventing application of anticipatory bail -- not violative of Art. 21.
Looking to the historical background relating to the practice of "untouchability" and the social attitudes which lead to the commission of such offences against Scheduled Castes and Scheduled Tribes, there is justification for an apprehension that if the benefit of anticipatory bail is made available to the persons who are alleged to have committed such offences, there is every likelihood of their misusing their liberty while on anticipatory bail to terrorise their victims and to prevent a proper investigation. It is in this context that section 18 has been incorporated in the said Act. It cannot be considered as in any manner violative of Article 21 1994 JLJ 372 reversed. JT 1994 (2) SC 423 relied on. [Para 9
(3) Criminal P.C., 1973 -- S. 438 -- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 -- Ss. 18 and 3 (1) -- offences under S. 3 (1) of the Act -- are of separate class -- denial of right of anticipatory bail -- cannot be compared with graver offences under Penal Code. 1994 JLJ 372 reversed. [Para 10
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Sujata V. Manohar, J. -- 1. Special leave granted.
2. These appeal by special have been filed by the State of Madhya Pradesh and another against the judgment and order dated 25.3.1994 of the High Court of Madhya Pradesh which is the common judgment governing all these appeals. In the petitions which were filed by the respondents here, before the High Court of Madhya Pradesh under Article 226 of the Constitution, the respondents had challenged the constitutional validity of certain provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The High Court, while negativing this challenge in respect of some of the sections of the said Act has, however, held that section 18 of the said Act is unconstitutional since it violates Articles 14 and 21 of the Constitution of India. The present appeals have been filed by the State of Madhya Pradesh to challenge the finding of the Madhya Pradesh High Court in respect of section 18 of the said Act.
3. Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is as follows :-
"Section 438 of the Code not to apply to persons committing an offence under the Act:- Nothing in section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act."
4. Section 438 of the Code of Criminal Procedure provides for grant of bail to persons apprehending arrest. It provides, inter alia, that when any person has reason to apprehend that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or to a Court of Sessions for a direction that in the event of such arrest, he shall be released on bail. We have to consider whether a denial of this right to apply for anticipatory bail in respect of offences committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be considered as violative of Articles 14 and 21 of the Constitution.
5. The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the said Act') was enacted in order to prevent the commission of atrocities against members of Scheduled Castes and Scheduled Tribes and to provide for special Courts for the trial of offence under the said Act as also to provide for the relief and rehabilitation of victims of such offences. "Atrocity" has been defined under section 2 of the said Act to mean an offence punishable under section 3 (1). Section 3 (1) provides as follows :-
"Punishments for offences of atrocities -(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe(i) forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance:
(ii) act.;; with intent to cause injury, insult or annoyance to any member of a Scheduled Caste or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood; .
(iii) forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or committee any similar act which is derogatory to human dignity;
(iv) wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled tribe or gets the land allotted to him transferred;
(v) wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;
(vi) compel or entices a member of a Scheduled Caste or a Scheduled Tribe to do 'begar' or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
(vii) forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular
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