Latest news with #ScheduledTribe(PreventionofAtrocities)Act
The Hindu
28-07-2025
- Politics
- The Hindu
Karnataka High Court refuses to entertain govt. appeal filed after 381 days against acquittal of six persons for insulting Scheduled Caste person
Stating that there is a clear bar in the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989 to entertain an appeal beyond 180 days after the pronouncement of verdict by trial courts, the High Court of Karnataka has refused to entertain an appeal filed by the State government after 381 days. '...the framers of legislation have made a proviso wherein there is a total bar for entertaining the appeal after 180 days. Therefore, in view of the statutory bar, the delay of 381 days in filing the appeal cannot be condoned,' the court said. Justice V. Srishananda passed the order while dismissing an appeal filed by the State government against the September 7, 2023 verdict of a sessions court in Yadgiri district, acquitting six persons from the charges of insulting a member of the SC community in public view and other offences alleged to have been committed in 2014. The State Public Prosecutor (SPP) had argued that taking away the right of appeal only on the ground of technicality would be harsh in a given case and substantial justice would be denied to a complainant only on the technical ground of limitation of 180 days. However, the court pointed out that Section 14-A(2) of the 1989 Act provides only 90 days to file an appeal before the High Court against the judgement of the trial courts while granting liberty to the HC to condone the delay, after the expiry of the period of 90 days if it [HC] is satisfied that the appellant had sufficient cause for not preferring the appeal within 90 days. As a provision to Section 4(3) of the Act makes it clear that 'no appeal shall be entertained after the expiry of the period of 180 days', the court said that it has no jurisdiction in law to entertain the appeal after 180 days. Meanwhile, the court said that it would be open for the SPP to bring to the notice of the State legislature on requirement to amend the statute, if need be, to provide a remedy for a litigant in such circumstances, where the delay occurs on account of the reasons that are not attributable to a negligent litigant, but on account of bonafide reasons.
Time of India
13-06-2025
- Politics
- Time of India
Two FIRs under the Atrocities Act registered against ex-MP Jaleel
Chhatrapati Sambhajinagar: Two FIRs were registered against former MP Syed Imtiaz Jaleel in the 24 hours ending Friday for allegedly using a discriminatory word against district guardian minister Sanjay Shirsat during a press conference, days after he made serious allegations against Shirsat's family over land acquisitions. Police said the two FIRs were registered at Kranti Chowk and Osmanpura police stations. Officers said they also received complaints on similar lines at different police stations, including Vedantnagar, but no decision was made to register fresh FIRs. Jaleel told TOI, "I just want Shirsat to reply to the questions I have raised about the huge moveable and immovable assets he has amassed. Unable to silence me, he is using police machinery to file such cases against me. I am ready to face all the consequences until all such elements are exposed." Police said based on the complaint lodged by Laxman Hivrale, an office-bearer of the Republican Party of India (Athawale), the Kranti Chowk police registered an FIR on Thursday night. In this FIR, Section 3 (1) of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act was invoked against Jaleel. On Friday, the assistant commissioner of police (City) issued directives to the Kranti Chowk police inspector for conducting a preliminary inquiry into the case and submit a report to him. The FIR was registered after a large number of Shirsat's supporters gathered at the police station on Thursday afternoon. The list of those who gathered included Jaleel's former loyalist Arun Borde, who said he intended to get FIRs registered across the state. "Though the second FIR was registered at Osmanpura police station, it will be merged with the first one registered at Kranti Chowk. The law is clear that there cannot be two FIRs for one violation, for which a person was already booked," said a senior police officer from the city police. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
