HARIRAM BHAMBHI versus SC/ST

Citation: [2021] 8 S.C.R. 855 · Decided: 29-10-2021 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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[2021] 8 S.C.R. 855
855
HARIRAM BHAMBHI
v.
SATYANARAYAN & ANR.
(Criminal Appeal No. 1278 of 2021)
OCTOBER 29, 2021
[DR DHANANJAYA Y CHANDRACHUD
AND B. V. NAGARATHNA, JJ.]
SC/ST (Prevention of Atrocities) Act, 1989: ss.15A(3) and
15A(5) – Rights of victims – Notice under s.15A not issued to victim/
dependents while hearing bail application of accused – Effect of –
Held: Sub-sections (3) and (5) of s.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 – Sub-section (3) confers a right to a prior notice,
this being evident from the use of the expression “reasonable,
accurate, and timely notice of any court proceeding including any
bail proceeding” – Sub-section (5) provides for a right to be heard
to the victim or to a dependent – The provisions of sub-section (3)
which stipulate the requirement of notice and of sub-section (5)
which confers a right to be heard must be construed harmoniously
– The defect in not issuing notice to the victim or their dependent
and depriving them of the opportunity to be heard in the concerned
proceedings (for grant of bail) cannot be cured by providing them
a hearing in a proceeding that arose subsequently (for cancellation
of bail) – Compliance with the principles of natural justice must be
observed at every stage under the mandate of the statute.
SC/ST (Prevention of Atrocities) Act, 1989: s.15A – Undue
delay in issuing notice to the victim – Held: Sub-section (3) of s.15A
provides that a reasonable and timely notice must be issued to the
victim or their dependent – This would entail that the notice is served
upon victims or their dependents at the first or earliest possible
instance – If undue delay is caused in the issuance of notice, the
victim, or as the case may be, their dependents, would remain
uninformed of the progress made in the case and it would prejudice
their rights to effectively oppose the defense of the accused – It
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SUPREME COURT REPORTS
[2021] 8 S.C.R.
would also ultimately delay the bail proceedings or the trial,
affecting the rights of the accused as well.
Bail: Duty of court while granting bail – Considerations while
granting bail – In the instant case, High Court held that it was just
and expedient to release the first respondent on bail “keeping in
view the facts and circumstances of the case” – The bail order did
not mention factors that are relevant for the grant of bail, which
are (i) the seriousness and gravity of the offence; and (ii) the role
attributed to the first respondent in the commission of the crime –
Thus, the order of the High Court in granting bail cannot pass
muster – The duty to record reasons cannot be obviated by recording
submissions, followed by an omnibus “in the facts and
circumstances” formula – Brief reasons which indicate the basis
for granting bail are essential, for it is the reasons adduced by the
court which indicate the basis of the order – Judgment/Order –
Reasoned order – SC/ST (Prevention of Atrocities) Act, 1989.
SC/ST (Prevention of Atrocities) Act, 1989: Object of
enactment – Discussed.
Allowing the appeal, the Court
Held: 1. The SC/ST Act has been enacted by the Parliament
to effectuate a salutary public purpose of achieving the fulfillment
of constitutional rights of the Scheduled Castes and Scheduled
Tribes. Section 15A, which comes under Chapter IV-A of the SC/
ST Act titled ‘Rights of victims and witnesses’, was introduced
by way of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015, which came into
effect on 26 January 2016. [Paras 10, 11][865-F; 866-G-H]
2. Investigations in India are the exclusive domain of the
police, where victims are often relegated to the role of being a
spectator in the criminal justice system. Victims of crime often
face significant hurdles during investigation and prosecution.
Scheduled Castes and Scheduled Tribes specifically suffer on
account of procedural lapses in the criminal justice system. They
face insurmountable hurdles in accessing justice from the stage
of filing the complaint to the conclusion of the trial. Due to the
fear of retribution from members of upper caste groups, ignorance
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or police apathy, many victims do not register complaints in the
first place. If victims or their relatives mu

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