SC : Speedy trial of SC/ST Attrocities cases directed.

The Supreme Court has directed Andhra Pradesh government to make appointment of officers for speedy investigation and trial of the cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for ensuring the safety and security of SCs and STs in the state particularly in West Godavari district.

A bench comprising Justices Arijit Pasayat and Asok Kumar Ganguly issued the directions while disposing of the appeal of an NGO Sakti against the order of the Andhra Pradesh High Court, who had dismissed its writ petition.

The Petitioner had prayed to the court to appoint an officer, inspiring confidence in accordance with Section 21 of the Act, for initiating prosecution against those responsible for committing crime against SCs and STs in the state, particularly in Jeelugumilli, Buttaryagudem, Polavaram, Narasapuram and Gopalapuram mandals of West Godavari district.

The appellant had also urged the court to provide adequate legal aid to the persons subjected to atrocities, to enable them to avail justice and consequently declared that the peaceful agitation and awakening campaign for the restoration of lands belonging to STs in furtherance of the Prevention of Atrocities Act.

The apex court in its 7-page judgment noted, ‘A fair perusal of the two provisions - Sec 12 of the State Act and Sec 21 of the Central Act - leaves no manner of doubt that they operate in two different fields.

‘So far as Sec 21 of the Central Act is concerned, it is the duty of the state government to take such measures as may be necessary for effective implementation of the Act and that includes the appointment of the officers in initiating or exercising for supervision over prosecutions for the contraventions of the provisions of the Act.

‘Sec 12(b) of the State Act relates to investigation and monitoring of all matters relating to the safeguards provided for the SCs and STs under the Constitution of India or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards.

‘Above being the position, we direct the state government to take immediate steps for appointment in terms of Sec 21(2) of the Central Act as early as practicable, preferably within six months.’

UNI