January 20, 2022

The World Live Breaking News Coverage & Updates IN ENGLISH

The World Live Breaking News Coverage & Updates IN ENGLISH

SC pulls up Gujarat government in 2018 case of a dalit beaten to death

3 min read
SC pulls up Gujarat government in 2018 case of a dalit beaten to death
Share This :
SC pulls up Gujarat government in 2018 case of a dalit beaten to death
SC pulls up Gujarat government in 2018 case of a dalit beaten to death

NEW DELHI: The Supreme Court on Monday pulled up Gujarat governemnt for not challenging bail granted to an accused who had beaten a dalit to death in 2018 in Rajkot district, saying it failed to protect the rights of the victim and set aside the high court order two-and-half years after bail was granted.
Holding that the bail was granted by the high court in “a most perfunctory and casual manner”, a bench of Justices MR Shah and BV Nagarathna said that the state should be serious in such cases and should have immediately challenged the order of high court. It rejected the submission of the state which contended that “it takes time to take a decision whether to prefer an appeal or not” and held that the state failed in its duty to protect the victims. The court passed the order on an appeal filed by wife of 35-year old deceased.
“We may observe that by not filing the appeals by the State against the impugned judgments and orders releasing the accused on bail in such a serious matter, the State has failed to protect the rights of the victim. We are of the opinion that this was the fit case where the State ought to have preferred the appeals challenging the orders passed by the high court releasing the accused on bail. In criminal matters the party who is treated as the aggrieved party is the State which is the custodian of the social interest of the community at large and so it is for the State to take all the steps necessary for bringing the person who has acted against the social interest of the community to book,” the bench said.
In this case the deceased was tied to the gate of the factory while he was collecting scraps and was beaten mercilessly. The entire incident, which took place near Rajkot district’s Shapar town, was caught on CCTV and was also recorded on a mobile phone. The apex court said that the HC passed the bail order without considering the seriousness of the offence and noted that HC erred in passing order and noted that pipe and the belt used in commission of the crime were recovered and the video footage clearly showed that the deceased ­was brutally beaten by the accused.
“Suffice it to say that in such a serious matter and looking to the gravity of the offences and considering the statements of eye witnesses and that the entire incident has been recorded in the CCTV footages and the mobile phone, the high court has committed a grave error in releasing the respective respondents No.1 – accused on bail. The judgments and orders passed by the high court releasing the accused on bail are unsustainable both, on facts as well as on law
“The submissions by Aastha Mehta counsel appearing on behalf of the State that it takes time to take a decision whether to prefer an appeal or not is not acceptable. The State ought to have been very serious even to maintain the rule of law in a serious matter like this where a person was brutally murdered/killed while he was just collecting scrap outside the factory with his wife and aunt. It is the duty of the Director of Prosecution and the State to ensure that the guilty are booked and punished,” it said.
The court directed the accused to surrender within a week and said, “We hope and trust that in future the State Government/legal department of State Government and the Director of Prosecution shall take prompt decision in matters such as this and challenge the order passed by the trial court and/or the High Court as the case may be where it is found that the accused are released on bail in serious offences like the present”.

Share This :
Copyright © All rights reserved. | Newsphere by AF themes.