Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Anticipatory Bail.
Context:
The Supreme Court’s decision in Kiran vs. Rajkumar Jivaraj Jain, focusing on the cancellation of anticipatory bail granted to an accused of caste crimes. The ruling reaffirms the importance of Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), which bars anticipatory bail in cases where a prima facie offense is made out.
Key Takeaways:
Key Facts of the Case:
- Incident: November 26, 2024 – Kiran, an SC community member, alleged a casteist assault by Rajkumar Jain and others after refusing to vote as directed during Assembly elections.
- Allegations: Physical assault with rods, caste abuse, molestation of women in the family, looting, and threats to burn their house. Independent witnesses corroborated the events.
- Trial Court: Rejected anticipatory bail, citing clear casteist intent and supporting evidence.
- High Court: Granted bail, treating allegations as politically motivated, inconsistent, and exaggerated.
- Supreme Court: Set aside the High Court’s order as a “manifest error,” noting that the offences clearly fell within the ambit of the SC/ST Act.
| SC/ST (Prevention of Atrocities) Act 1989: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was enacted to protect members of SC and ST communities from caste-based discrimination, violence, and exploitation. It criminalises a wide range of atrocities such as caste-based abuse, social and economic boycotts, land grabbing, sexual violence, and denial of access to public spaces. The Act provides for special courts to ensure speedy trials, stringent punishments to deter offenders, and protective measures such as victim and witness protection, relief, and rehabilitation. A key feature is Section 18, which bars anticipatory bail for offences under the Act, recognising the risk of intimidation and retaliation against victims. Over time, amendments have further strengthened provisions by adding new offences, enhancing victim compensation, and placing greater accountability on public officials to prevent neglect of duties. What is an Anticipatory Bail? It is the bail granted to a person in anticipation and apprehending arrest.Under Section 438 of CrPC, any individual who discerns that he may be tried for a non-bailable offense can apply for anticipatory bail.The application shall be made to the High Court or Sessions Court, where the crime is alleged to be committed.Anticipatory Bail is bail before the arrest, and the police can’t arrest an individual if the Court has granted anticipatory Bail.It is meant to be a safeguard for a person who has false accusation or charges made against him/her, most commonly due to professional or personal enmity, as it ensures the release of the falsely accused person even before he/she is arrested. |
Background of the Case:
- In November 2024, a Scheduled Caste member, filed an FIR alleging that few persons attacked him and his family, abused using caste slurs, for refusing to vote as directed during Assembly elections.
- While the Additional Sessions Judge at Paranda denied anticipatory bail citing casteist intent and corroboration.
- The Bombay High Court (Aurangabad Bench) overturned this, calling the case politically motivated and inconsistent, and granted bail leading to an appeal before the Supreme Court.
Supreme Court ruling on SC/ST Act and anticipatory bail:
Conclusion:
By quashing anticipatory bail and warning courts against “mini-trials” at the bail stage, the judgment ensures that the law remains a substantive shield for Dalits and Adivasis against caste atrocity, intimidation, and electoral coercion.
It upholds both rule of law and social justice, reminding the judiciary that protecting the dignity of vulnerable communities is not optional but a constitutional duty.
https://www.thehindu.com/news/national/sc-on-anticipatory-bail-in-caste-crime/article70052405.ece
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