http://ibnlive.in.com/generalnewsfeed/news/no-anticipatory-bail-in-scst-atrocity-case-guj-hc/922737.html
No anticipatory bail in SC/ST atrocity case: Guj HC
PTI | 08:12 PM,Dec 06,2011
Ahmedabad, Dec 6 (PTI) A division bench of Gujarat High Court has
ruled that any person accused of committing atrocity against people
belonging to scheduled castes/tribes, cannot legally seek anticipatory
bail. The division bench of Justice A L Dave and Justice Bankim N
Mehta has further ruled that a court cannot grant such persons
anticipatory bail in view of specific bar under Section 18 of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989. The court passed the ruling last week while deciding on a
crucial question referred to it by a single judge, whether provisions
contained in Prevention of Atrocities Act, 1989 imposes a bar on a
person's right to anticipatory bail. "Once a provision of law enacted
by Legislature is held to be not unconstitutional or not violative of
Article 21 of the Constitution, the same stands on statute book and
has to be read as it is and court while interpreting the same, cannot
read what is not provided for in the provision nor can it ignore what
is provided for in the provision," the division bench ruled. "A person
who is facing accusation of having committed an offence under the
Atrocities Act, cannot legally invoke provisions of Section-438 of the
CrPC in view of specific bar contained under Section-18 of the
Atrocities Act and a court cannot grant anticipatory bail to a person
accused of having committed an offence," it added.
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