Court mandates Special Court to issue a reasoned order when alleging serious offences under the SC/ST (PoA) Act, 2018.
In a significant ruling, the Kerala High Court has set aside an order by the Special Court that had taken cognizance of offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2018, without providing adequate reasons. The case, involving appellant Nisha V. Nair, came under scrutiny after the Special Court allegedly issued a blanket order without addressing the Investigating Officer's report recommending the dropping of proceedings.
Justice A. Badharudeen, presiding over the appeal, emphasized the necessity for the Special Court to justify its cognizance of serious allegations under Sections 3(1)(r) and 3(1)(s) of the SC/ST (PoA) Act. The appellant's counsel argued that the impugned order was passed without discussing the final report filed by the police, which had advised against proceeding further with the case. The High Court found merit in this argument, stating that the Special Court failed to either accept or reject the final report, nor did it provide a reasoned explanation for taking cognizance.
The ruling reiterated that courts are required to issue speaking orders, especially when dealing with serious allegations under the SC/ST (PoA) Act. The High Court further highlighted that a cryptic order simply taking cognizance is insufficient and does not meet the legal standards expected in such serious cases.
In its judgment, the High Court also addressed the constitutionality of Section 14A(3) of the SC/ST (PoA) Act, following a prior judgment in Noushad V.T.K. v. State of Kerala. The court affirmed the unconstitutionality of this section, which limits the filing of appeals beyond 180 days without provision for delay condonation, thereby violating Articles 14 and 21 of the Indian Constitution.
Furthermore, the court observed that proceedings initiated before the introduction of the Bharatiya Nagarik Suraksha Sanhita, 2023, must continue under the repealed Criminal Procedure Code, 1973, as per Section 531 of the BNSS. This reinforced the continuity of legal proceedings under the old law until their resolution.
The High Court directed the Special Court to reconsider the case and issue a detailed, reasoned order. The decision underscores the judiciary's commitment to ensuring procedural fairness and adherence to legal principles in cases involving allegations under special statutes like the SC/ST (PoA) Act.
Bottom Line:
An order taking cognizance under the SC/ST (Prevention of Atrocities) Act, 2018 must provide reasons, justify the cognizance, and address the acceptance or rejection of the final report by the Investigating Officer. A cryptic and blanket order without reasoning is illegal and liable to be set aside.
Statutory provision(s): Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2018, Sections 3(1)(r), 3(1)(s), 14A(3); Bharatiya Nagarik Suraksha Sanhita, 2023, Section 531; Criminal Procedure Code, 1973.
Nisha V. Nair v. State of Kerala, (Kerala) : Law Finder Doc id # 2853785
