SC/ST Act: Allahabad HC Issues Directions Regarding Timely Service Of Notice Of Bail Pleas To Victim & Placing Of Same Before Court

The Bench of Justice Ajay Bhanot noted that Bail applications should be processed expeditiously and placed before the court for hearing in a reasonable and definite time frame.

Maturation of a bail application

It may be noted that the process of maturation of a bail application before it is placed before the Court, is contained in Rule 18 of Chapter 18 of the Allahabad High Court Rules.

However, later on necessary amendments were made to Rule 18 of the Allahabad High Court Rules, reducing the period of notice of bail from ten days to two days.

[In this regard, the Court specifically appreciated the efforts put in by Advocate Haider Rizvi, to reform the bail procedures in this Court, and make them consistent with Articles 14 and 21 of the Constitution of India. Due to his efforts, the period of notice was reduced from 10 days to 2 days.]

Relevant provisions of the SC & ST Act

Now, it is important to note that under the SC & ST Act, rights of victim and witnesses and provisions for grant of bail have got special attention in Section 15 of the Act.

Section 15 (A) (3) and (5) are reproduced hereunder:

"(3) A victim or his dependent shall have the right to reasonable, accurate, and timely notice of any Court proceeding including any bail proceeding and the Special Public Prosecutor or the State Government shall inform the victim about any proceedings under this Act."

"(5) A victim or his dependent shall be entitled to be heard at any proceeding under this Act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file written submission on conviction, acquittal or sentencing."

[NOTE: Section 15(5) of the Act is a stage subsequent to Section 15 (3) of the Act. Section 15 (5) comes into play only where the victim exercises his/her right to be heard, when the bail is placed before the Court after its period of maturation.]

It may be noted that as per Section 15 (A) (3), the State Government or Special Public Prosecutor is nominated as the sole agency with the exclusive statutory duty to inform the victim about the bail proceedings.

Also, the phrase "reasonable, accurate and timely notice to the victim" used under Section 15(3) of the Act denotes that the victim has to be given adequate time to prepare his/her defence, prior to placing of the matter before the Court

Now, in this backdrop, the Court remarked,

"Direct responsibility for service of bail notice upon the victim under the Act is upon the State. The Act does not contemplate sending of bail notice to the victim by the Court."

Importantly, the Court further observed

"Failure to serve notice of bail upon the victim, is failure of the State to perform its statutory function. The accused cannot be visited with penal consequences for the default of the State. The erring officials have to be proceeded against as per law."

The Court also said that placement of the bail application/bail appeal before the court cannot be deferred for non-service of notice after the expiry of the time line stipulated below.

Further, the Court directed that the bail application/bail appeal under the Act be placed before the Court in strict adherence to the following time line and procedure:

• The notice of the bail application/ bail appeal under the Act shall be served upon the Government Advocate before 12:00 PM of any working day.
• The State Government shall ensure that service of notice of the bail application/ bail appeal is effected upon the victim not later than 96 hours after the receipt of the said notice.
• The victim will be entitled to 72 hours after the receipt of notice of bail.
• Save in exceptional circumstances which are accepted by the Court, the bail application/ bail appeal under the Act shall be placed before the Court immediately after the expiry of 168 hours/7 days from the time of service of notice of bail application/bail appeal upon the Government Advocate as aforesaid.
• The report of the service of notice of bail application/ bail appeal shall be submitted by the State authority before the court showing due compliance of the provisions of Section 15(3) of the Act.
• In case the counsel for the applicant does not move the bail application/bail appeal as per the current procedure to enable it to be placed before the Court 7 days after the initial service of notice, this procedure shall be followed.
• The applicant or his/ her counsel shall give 96 hours of notice to the Government Advocate as to the exact date on which such application is intended to be moved. The State shall thereafter cause such notice to be served again upon the victim so as to enable him to have "accurate, notice of the proposed bail application".
• During this period of 7 days notice of the bail application under the Act, the police authorities shall ensure that appropriate instructions are available with the Government Advocates to assist the Court at the hearing of the bail application/bail appeal.
• The S.S.P/ D.C.P/S.P. (in districts where there is no post of S.S.P) of the concerned district shall be the nodal officer, who shall supervise the staff charged with the duty of actually serving the notice upon the victim and to provide instructions and relevant material to the Government Advocate on the bail application. In case, there is default on part of such official, the S.S.P./ D.C.P/ S.P. of the concerned district shall take immediate action in accordance with law against such erring official.
• The process of law cannot move at a bullock cart pace in the age of information technology. Institutions have to upgrade with the latest technological developments. Fruits of technology have to be put in the service of the people
• Accordingly, the State Government is directed to ensure that requisite infrastructure and trained personnel in the High Court (Office of Government Advocate), as well as in police stations are available to process the traffic of notices by e-mail.
• The bail application/ bail appeal may be served upon the Government Advocate by e-mail.
• In case the notice is fully accurate and contains all the relevant annexures, the said service by e-mail shall be sufficient service upon the State.
• In the event of service of notice of bail application/bail appeal upon Government Advocate by e-mail, the time limit for effecting service of the said notice by the State upon the victim shall be 72 hours and 27 not 96 hours.
• The bail application in such cases shall be placed before the Court in 144 hours/6 days.
• The option of e-filing of notice of bail applications/ bail appeals under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, shall be made effective w.e.f. 01.05.2021.

Further, the Court directed the Director General of Police to create a State Level Committee headed by Officer not below than the rank of Additional Director General of Police.

The committee has been directed to review the working and implementation of the above said directions, streamline procedures, study the possibility of further reducing the time period of notice of bail appeals/bail applications upon the victims, and also examine the action taken against the concerned officials for violating the directions.

The Committee has been directed to submit its report on annual basis before the State Government and make appropriate recommendations.

Case title - Ajeet Chaudhary v. State of U.P. and Another [Criminal Misc. Bail Application No. - 45784 of 2020]