No appeal under Section 14A of the SC/ST Act is instituted unless complainant/victim is impleaded as party respondent therein-Raj. High Court

No appeal under Section 14A of the SC/ST Act is instituted unless complainant/victim is impleaded as party respondent therein

Appeal under Section 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act filed by the accused-appellants for assailing the order passed by the Special Judge, Scheduled Castes/Scheduled Tribes  Prevention of Atrocities) Act Cases, Pali, whereby the bail application of the accused-appellants under Section 439 CrPC was rejected.  It is noticed that the appellants’ counsel has not impleaded the complainant/victim as party in this appeal. Section 15A (3) & (5) of the SC/ST Act read as below :- 

15A. (3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act.

(5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing.  Manifestly, thus, the appeal of the accused under Section 14A of the SC/ST Act against an order rejecting bail cannot be decided without notifying the complainant/victim of these proceedings.

Learned counsel for the appellants shall implead the complainant/victim as party respondent forthwith.

The Registry shall henceforth ensure that no appeal under Section 14A of the SC/ST Act is instituted unless the complainant/victim is impleaded as party respondent therein.

Author- Jeetam kumar Saini Practicing Advocate at Rajasthan High Court, Jaipur

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

link for order

Rajasthan Crisis:(Pilot or Ashok) Insight of Speaker's disqualification notice, legal view - S.B to D.B Bench of Rajasthan High Court, Jaipur

                                           

Rajasthan Crisis: Insight of Case from S.B to D.B Bench of Rajasthan High Court, Jaipur 

Dated 16-07-2020

At S.B.

That the Story begins when Rajasthan Congress served notices to 19 rebel party leaders for not attending key party meeting.Prithviraj Meena, MLA supporting Sachin Pilot, moves Rajasthan High Court challenging state Assembly Speaker's disqualification notice to the.

Sachin Pilot & 18 other Congress MLAs who have approached Rajasthan High Court over disqualification notice from Assembly Speaker seeks quashing and setting aside of the show cause notice issued on 14th July by Speaker, Rajasthan Legislative Assembly.The Speaker had issued a notice under Article 191 of Constitution.

Counsel Harish Salve says dissident MLAs want to challenge constitutional validity of disqualification notices issued by Rajasthan Speaker. Salve says petitioner will challenge anti-defection law enshrined in Tenth Schedule of Constitution and seeks time to amend its petition challenging move to disqualify dissident MLAs from Rajasthan Assembly.

Rajasthan HC grants time to Sachin Pilot camp to file fresh petition, matter to be heard now by Division Bench

Dated 17-07-2020

At  D.B

The application is allowed and applicant Dr.Mahesh Joshi is impleaded as respondent No.4 in the writ petition.Necessary corrections be made in the pleadings in course of the day.

Today hearing remains inconclusive. Dr. Abhishek Singhvi, learned Senior Counsel submits that he shall instruct his clients to submit another letter, similar to the letter addressed to this Court on behalf of the Hon’ble Speaker dated 16.07.2020, and further submits that notices issued to the petitioners requiring their response to be filed before the Hon’ble Speaker on or before 17^th July, 2020 at 1.00 P.M. shall stand extended on account of the continuance of the hearing of the matter before this Court till 21^st of July, 2020 at 5.30 P.M. and subject to any direction that may be passed by the Court in this matter.

Author- Jeetam kumar Saini Practicing Advocate at Rajasthan High Court, Jaipur 

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.