In a significant ruling, the Kerala High Court has directed its Registry to ensure that victims or de facto complainants are impleaded as parties in all proceedings related to offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The order was passed by Justice K. Babu on June 24, 2024, while hearing an appeal filed by two accused in a case registered under the SC/ST Act.
Background of the Case
The case, filed as Unnumbered Criminal Appeal of 2024 (Filing No.1014 of 2024), pertains to Crime No.362 of 2024 registered at Chavara Thekkumbhagam Police Station in Kollam district. The appellants, Sunny and Prince, are accused of offences under various sections of the Indian Penal Code and the SC/ST Act.
When the appeal was filed, the Registry noted a defect, stating that the de facto complainant had not been made a party to the proceedings. The appellants’ counsel argued that Section 15A of the SC/ST Act does not mandate the impleadment of the de facto complainant.
Legal Issues and Court’s Decision
The primary legal issue before the court was the interpretation of Section 15A of the SC/ST Act, particularly subsections (3) and (5), which deal with the rights of victims and witnesses in cases under the Act.
Justice K. Babu, after hearing arguments from the appellants’ counsel and the Public Prosecutor, ruled that victims or their dependents should be impleaded as parties in proceedings under the SC/ST Act. The court emphasized that Section 15A contains vital provisions to protect the rights of victims of caste-based atrocities and witnesses.
Quoting from the judgment, the court 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 referred to the Supreme Court’s decision in Hariram Bhambhi v. Satyanarayan (AIR 2021 SC 5610), which held that subsection (3) of Section 15A is mandatory. Justice Babu emphasized that this provision confers a statutory right on victims or their dependents to receive reasonable, accurate, and timely notice of any court proceeding, including bail proceedings.
Court’s Directions
Based on these observations, the court issued the following directions:
1. The Registry must scrupulously follow the directions issued by the court in its interim order dated September 5, 2019, in Crl.A.No.1029 of 2019.
2. In all pending cases under the SC/ST Act, the office of the Advocate General and the Director General of Prosecution should take immediate steps to inform victims about the pendency of matters and instruct them to seek impleadment in the legal proceedings.
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3. The Registry should insist that petitioners/appellants implead the victim/de facto complainant as a party in all proceedings involving offences under the SC/ST Act.
4. If the petitioner is unaware of the victim’s address, the court may grant two weeks’ time to implead the victim and direct the Prosecutor to furnish the victim’s address.
Court granted time to the appellants to implead the victim and posted the case for further hearing on June 25, 2024.
