Allahabad HC: Proceedings Under SC-ST Act Can Be Quashed U/S 482 CrPC to Prevent Abuse of Law

Post By 24law
December 30, 2024

Pranav B Prem

In a significant ruling, the Allahabad High Court has clarified that proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be quashed under Section 482 of the Criminal Procedure Code (CrPC) in cases where there is an evident abuse of the process of law. The division bench of Justice Siddhartha Varma and Justice Vinod Diwakar made the observations while disposing of multiple applications challenging proceedings under the SC-ST Act.

The matter arose from conflicting interpretations of whether the inherent powers of the High Court under Section 482 CrPC could be invoked in cases involving the SC-ST Act, especially when statutory remedies under Section 14-A of the Act were available. The Full Bench judgment in Ghulam Rasool Khan v. State of U.P. had previously held that Section 14-A provided an adequate appellate remedy, thus limiting the use of Section 482 CrPC. However, recent Supreme Court rulings, including Ramawatar v. State of Madhya Pradesh and B. Venkateswaran v. P. Bakthavatchalm, have allowed the use of inherent powers to prevent injustice.

Key Observations

The division bench emphasized that each case must be assessed based on its unique facts and circumstances. The Court stated, "Whether an application involving the inherent jurisdiction of the High Court is to be entertained or not is a question to be considered and answered on a case-to-case basis... The guiding principle is whether, in the given case, the continuance of proceedings would amount to abuse of the process of the Court and/or whether interference of the High Court is necessary to secure the ends of justice." The Court also distinguished between cases that are "not maintainable" and those "not liable to be entertained," underlining the nuanced approach required when dealing with such matters.

"...when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction to secure the end of justice. High Courts are not merely Courts of law but also Courts of Justice, and as such, they possess inherent powers to remove injustice," the Court observed.

Arguments Advanced

The applicants, represented by Advocate Jayant Kumar, relied on several Supreme Court judgments, including Hitesh Verma v. State of Uttarakhand, to argue that inherent powers under Section 482 CrPC remain available despite the appellate provisions of the SC-ST Act. They contended that cases involving misuse of the Act for personal or civil disputes fall within the ambit of abuse of the process of law.

The State, represented by learned government advocates, argued that Section 14-A of the SC-ST Act begins with a non-obstante clause, limiting the applicability of Section 482 CrPC. However, the Court held that the inherent jurisdiction of the High Court is not entirely ousted by Section 14-A and can be invoked in rare and exceptional cases.

The Allahabad High Court concluded that High Courts, as courts of law and justice, have a duty to intervene in cases of abuse of process or injustice, even when the SC-ST Act is involved. The judgment reiterated that "High Courts possess inherent powers to remove injustice" and that these powers must be exercised judiciously, keeping in mind the legislative intent behind the SC-ST Act. The Applications were accordingly disposed off.