Ensure That DeFacto Complainant Or Victim Is Impleaded In Criminal Proceedings Under SC/ST Act: Kerala HC Directs Its Registry
The Kerala High Court directed its Registry to follow the directions in its earlier order where the Court directed the Registry to ensure that the De facto complainant/victim on whose complaint the criminal proceedings have been set in motion under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is impleaded by the Petitioner.
The Court said that even after it had issued directions regarding impleadment of the defacto complainant/victim the Registry has not strictly followed the same while dealing with proceedings instituted under the provisions of the Act.
The Court was hearing an appeal filed under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed by the two accused persons who are alleged to have committed offences punishable under Sections 143, 144, 146, 147, 148, 323, 326, 506 and 149 of IPC and Section 3(1)(s), 3(2)(va) of the Act.
The bench of Justice K. Babu said, “the Registry is directed to scrupulously follow the directions issued by this Court in its interim order dated 05.09.2019 in Crl.A.No.1029 of 2019.”
Advocate K. Siju appeared for the Appellant.
In the present case, the Registry highlighted a defect, noting that the de facto complainant was not made a party to the appeal, as required by the High Court.
The Court perused Section 15 A of the Act and observed, “Section 15-A of the Act contains a vital provision that protects the rights of the victims of caste- based atrocities and witnesses. Sub-sections (3) and (5) of Section 15-A make the victims or their dependents stakeholders in the legal proceedings.”
“The intention of this provision is to enable a member of the Scheduled Caste/Tribe to effectively pursue the case and counteract the effects of defective investigations and prosecution”, the Court added.
The Court mentioned the decision of the Supreme Court in Hariram Bhambhi v. Satyanarayan [AIR 2021 SC 5610], where the Apex Court held that sub-section (3) of Section 15-A is mandatory.
The Court quoted the observation of the Supreme Court in the case as, “Section 15A of the SC/ST Act contains important provisions that safeguard the rights of the victims of caste-based atrocities and witnesses. Sub- sections (3) and (5) of Section 15A specifically make the victim or their dependent an active stakeholder in the criminal proceedings. These provisions enable a member of the marginalized caste to effectively pursue a case and counteract the effects of defective investigations.”
The Court went on to mention the Kerala High Court’s decision in Crl.M.C.No.1029 of 2019 where the Court had an opportunity to consider the the importance of Section 15-A of the Act. The Court quoted, “The Registry will also ensure that it should be insisted that in respect of all proceedings involving offences on the abovesaid Act, the petitioner/appellant should implead the victim/de facto complainant in respect of the abovesaid offence as per the abovesaid Act, as a party to the proceedings”
Cause Title: Sunny v. State of Kerala
Appearance:
Adv. K. Siju, Adv. S. Abhilash and Adv. Anjana Kannath