PIL moved for better implementation of SC/ST Act
The Madras High Court has ordered notice to the State on a public interest litigation seeking to implement the provisions of the SC/ ST (Prevention of Atrocities) Act, which among other aspects, mandated completion of the trial within two months.
By : migrator
Update: 2017-03-02 17:30 GMT
Chennai
The first bench comprising Chief Justice Huluvadi G. Ramesh and Justice R. Mahadevan before whom the PIL filed by an NGO, Maple Foundation represented by its managing director Aju Aravind, came up on Wednesday, adjourned the case for further hearing by four weeks.
The petitioner had contended that the data he collected through RTI about cases registered against the SC/ST (Prevention of Atrocities) Act has revealed that in several cases the charge sheet was not filed within the mandated 60 days. Similarly, as per section 14(1)(2) of the Act, trial should be completed within two months as far as possible. But many cases were pending for years, he said and cited 16 cases to establish the same. He also cited seven cases, where the victims had not been provided with a charge sheet as mandated under Section 15 (a) (11) (i) and 11 cases wherein the victims were yet to be offered compensation as envisaged by Section 15 (a) (11) (k) of the Act.
The petitioner further submitted that delay in the prosecution was painful to the victims of caste atrocities as it tantamounted to denial of justice. He also noted that the accused might escape from the clutches of law, and unleash more atrocities against the SC/ST community.
Pointing out that his representations to the authorities for necessary action in the effective implementation of the Act has failed to evoke proper response, he sought the Court to direct the Home Secretary, Adi-Dravida & Tribal Welfare, secretary and Additional General of Police, Social Justice and Human Rights to take necessary steps for the implementation of the Act in its letter and spirit.
Indira Banerjee tipped to be new Chief Justice
Reports are doing its rounds that Justice Indira, a judge of the Delhi High Court is likely to be appointed as Chief Justice of the Madras High Court in place of Justice Sanjay Kishan Kaul who has been elevated to the Apex Court.
It is said that, initially, though Justice H G Ramesh of the Karnataka High Court was tipped to be appointed as the Chief Justice, the change had reportedly occurred owing to a senior judge from Karnataka being already in the rolls of the Madras High Court. However, a report based on highly placed sources reveal that Justice Banerjee has given her consent to take over as Chief Justice of the Madras High Court and the Collegium is set to make the recommendation soon. Justice Indira Banerjee who started her practice at the Calcutta High Court in 1985 was appointed judge of the same court in 2002. She was subsequently transferred to Delhi High Court in August 2016. If appointed as Chief Justice of the Madras High Court, Justice Banerjee would be the second woman to hold the mantle as Chief Justice. Earlier, Kanta Kumari Bhatnagar was the Chief Justice of the Madras High Court from June 15, 1992 to November 14, 1992.
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