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

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