Atrocities on SC/STs: 134 convictions in 4 yrs, govt tells HC

The High Court on Wednesday passed a detailed order directing the government to implement the provisions under the SC/ST (prevention of atrocities) Act 1989 and Rules of 1995.

A division bench comprising Chief Justice Abhay Shreeniwas Oka and Justice Ashok S Kinagi was hearing the PIL filed by Committee for Monitoring and Strengthening SC and STs in Karnataka.

Examining the affidavit filed by the government, the bench took a judicial note of the fact that even several years after the Constitution was adopted and the Act was enforced, several cases are being reported in the country.

The data submitted by the government showed that out of the total 35,091 cases registered between 2015 and 2019, charge sheets have been filed only in 6,461 cases. Of the cases chargesheeted, 3,198 cases ended in acquittal while 134 cases ended in conviction.

The counsel appearing for the petitioner stated that the rule mandates the Investigating Officer (IO) to file the charge sheet within 60 days or submit explanation for the delay. The bench directed the state to clarify whether the IOs have submitted explanations for delay in investigation and also to take a call as to why there is so much delay in filing charge sheets.

The petition had requested for setting up of special courts. The bench observed the huge pendency of criminal cases under the Atrocities Act.

“There is a request placed to Registrar General (High Court) to consider setting up nine more special courts. Registrar General will file a report to this court on the issue of setting up of more special courts for cases of atrocities,’’ the bench said.

It directed the Registrar General to consider issuing a circular to all special courts set up under the Atrocities Act on the time line.

The bench observed that the low conviction rate is a complicated issue and can be dealt with by constantly monitoring the progress of the cases.

“As far as delay in investigation and large number of acquittals are concerned, the issue will have to be tackled by the state. Firstly, by undertaking regular training of IOs and regular training of special public prosecutors (SPPs) appointed under the Act,’’ the bench said.

The bench observed that meetings of the district level vigilance and monitoring committees constituted under Rule 17 have not been conducted regularly. Under Rule 16, the state level vigilance and monitoring committee has also been constituted.

It directed the government to place on record details of cash relief extended to complainants/victims when FIR is registered or charge sheet is filed. The court gave time to the government to file supplementary affidavit and posted hearing to October 15.