Atrocity Act – Bail to the accused without notice to the victim – Illegal – Landmark decision of the Delhi High Court – Appeal under Section 14A(2) of SC & ST Act allowed – Essential to make victim as party in the proceedings.
Section 15A (3) and (5) of the Act provide for the rights of the victims and witnesses.
Sub-section (3) is specific that 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.
Sub-section (5) provides that a victim or his dependent shall be entitled to be heard 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.
Thus, right to the notice and hearing is conferred on the victim even in respect of bail matter. There is, therefore, corresponding obligation not only on the Court to give notice and hear the victim but also on the Special Public Prosecutor / State Government to inform the victim about the proceedings.
It was found that the Supreme Court in Hariram Bhambhi case (2021) SCC OnLine SC 1010 held that this right of victim is mandatory and violation or non-observance is not curable.
By the order dated 1.4.2023, the accused was granted bail by the Sessions Court, Delhi. It was seen that this was done without giving notice to the victim.
HELD, that the order granting bail is illegal, it was quashed, the application for bail was restored back for consideration after giving notice to the victim.
To my mind, the Rules of the High Court and the Criminal Manual should be amended to provide for addition of a victim as necessary party in all the matters covered by sub-sections (3) and (5) of Section 15A of the SC / ST Act. In fact, it is the mandate of said sub-sections of Section 15A. It should not be left to the sweet will of accused or Special Public Prosecutor or State Government not to serve a notice. If such amendment is made, necessarily court notice will have to be issued to the victim.
