VIKRAM NATH, J.B.PARDIWALA
HEMAL ASHWIN JAIN (SHETH) – Appellant
Versus
UNION OF INDIA – Respondent
JUDGMENT
J.B.Pardiwala, J.
By this writ-application under Article 226 of the Constitution of India, the writ-applicant has prayed for the following reliefs :
(b) To hold and declare that the provisions of Section 15A(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 being violative of Article 14 and Article 21 of the Constitution of India;
(c) To issue appropriate Writ, Order or Direction quashing and setting aside provisions of Section 15A(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 being ultra vires to Article 14 and Article 21 of the Constitution of India;
(d) To direct that the provisions of Section 15A(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 be read down as directory and not mandatory so as to empower the concerned court to consider application of bail without issuing formal Notice to the complainant;
(e) Pending admission, hearing and final disposal of this application, to stay the implementation and operation of provisions of Section 15A(3) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act
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