The court reaffirmed the statutory right of victims under the SC/ST Act to make oral submissions in legal proceedings, emphasizing their active involvement in the justice process.

ORAL ORDER

1) The petitioner has preferred this petition, seeking to invoke extraordinary jurisdiction of this Court under Article 227 of the Constitution of India so also inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”) [section 482 of the Code of Criminal Procedure, 1973] with a prayer to quash and set aside the order dated 21.09.2024 passed by learned Additional District and Sessions Judge, Gir Somnath at Veraval, below Exh:2978 in Special Atrocities Case No. 8 of 2018, whereby the learned Judge has rejected the application of the petitioner filed seeking to make oral arguments on support of the written submissions in the captioned proceedings.

2) Heard Ms. Megha Jani assisted by Mr. Arjun Joshi, learned advocate for the petitioner and Mr. Manan Mehta, learned APP for the respondent State. Though served, none appears for rest of the respondents.

3) Considering the facts and circumstances of the case and with an assistance of learned APP, this matter is taken up for final disposal forthwith.

4) Rule. Learned APP waives service of rule for the respondent State.

5) Learned counsel for the petitioner has submitted that, the petitioner is a member of Scheduled Caste and is engaged in traditional occupation of skinning of dead animals. The petitioner is a complainant in the FIR being C.R.No.127 of 2016 registered at Una Police Station against six accused persons; that on 11.07.2016, the petitioner was asked to lift dead cattle and while the petitioner along with his brothers were skinning a cow carcass, the accused persons entered the place located at the outskirts of Mota Samadhiyala and attacked with stick and iron pipes and humiliated the petitioner and his brothers qua their caste. Thereafter, they were abducted and confined in a car and taken them to Una and again attacked on the way. The petitioners were tied to the car with a rope and were paraded through Una bazaar till Una Police Station. Thereby, the entire incident lasted for about 4-5 hours and was recorded in CCTV footage and in mobile, which also came to be circulated widely. The said video shocked the conscience of the people at large and also resulted in a law and order situation across India leading 74 FIRs, damage to public property worth crore of rupees, attempted suicide by 23 Dalit persons resulting in death of one person and registration of 8 offences at Una Police Station. It is further submitted that, after registration of offence, chargesheet was filed, which culminated into new Atrocities Case No.08, 09 and 11 of 2018. Thereafter, on 27.07.2018, charge was framed against 41 accused under the provisions of the IPC, Gujarat Police Act, Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Information Technology Act. Trial was proceeded and 239 witnesses were examined. Final arguments were heard in May, 2024, but learned Presiding Judge was transferred and the matter is at the stage of final arguments. The petitioner had filed written submissions run into 126 pages on 10.06.2024, which was marked at Exh:2965. The learned Judge has noted in the order dated 10.06.2024 that, key arguments ought to be submitted in writing, whereas, detailed arguments could be submitted narrated orally. In the interregnum period, the petitioner had filed an application Exh:2978 to adjourn the proceedings and to enable him to make oral submissions. But the said application was rejected on the ground that the petitioner has already filed written submissions. As the petitioner is entitled to make oral submissions, more particularly in light of Section 15A (5) of the Atrocities Act, learned trial Court has committed an error in not allowing the petitioner to make oral submiss