High court directs priority listing of SC/ST Atrocities Act cases, cautions against routine interim stays

Bengaluru:The Karnataka High Court has indicated that appropriate directions will be issued to ensure that cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act are listed on priority before the concerned benches. The court underscored the need for timely consideration of such matters, particularly where proceedings have been stalled for long periods.

The observation came while hearing a public interest litigation filed by Somasekhar Rajavanshi of Bengaluru, who sought a general direction or circular to all High Court benches restraining them from granting ex parte interim orders staying investigation or trial in cases registered under the SC/ST (PoA) Act. The petition was heard by a division bench comprising Chief Justice Vibhu Bakhru and Justice C.M. Poonacha.

The petitioner contended that several benches of the High Court had granted stays in cases under the Act, allegedly contrary to its mandatory provisions. He argued that the law, enacted to protect vulnerable communities, was being diluted through interim orders that halted investigations or trials without issuing notice to the affected parties.

However, the bench clarified that it could not issue a blanket declaration stating that interim stays should not have been granted in such cases. It observed that the orders passed by various benches were judicial orders and could only be examined or corrected by the respective benches that had issued them. The court noted that if any order was legally flawed, the aggrieved parties had remedies available within the judicial system.

At the same time, the bench acknowledged concerns that in some cases, interim stays had continued for years, resulting in prolonged delays. Taking note of this, the court said it would issue suitable directions to ensure that cases, particularly those pending since 2020, are listed on priority before the competent benches for appropriate consideration.

During the hearing, counsel for the petitioner submitted that in several matters, interim stays had been in force for four years or more. In some instances, stays were granted within 24 hours, allegedly without issuing notice or hearing the respondents. He stressed that the SC/ST (PoA) Act contained mandatory safeguards and procedures, including the requirement of notice under Section 53A, which must be strictly followed.

The bench reiterated that while instances of misuse of the Act could not be ruled out, the law remained in force and was binding on all. Courts were required to balance concerns of misuse with the legislative intent of protecting members of Scheduled Castes and Scheduled Tribes from atrocities.

The High Court’s proposed move to prioritise long-pending cases is expected to bring momentum to stalled proceedings and reinforce adherence to the statutory framework of the SC/ST (Prevention of Atrocities) Act.