SC/ST Act has strong facts, only then anticipatory bail is banned, Supreme Court’s comment in the bail case of YouTube channel editor

New Delhi: The Supreme Court has said that there is a ban on granting anticipatory bail under the SC/ST Act only when a prima facie case is made out against the accused. The Supreme Court has clarified by citing Section 18 and said that there is no bar in granting anticipatory bail until a prima facie case is made out. The apex court gave this order while granting anticipatory bail to the editor of a YouTube channel.

What is the whole matter?
In its decision, a bench headed by Justice JB Pardiwala of the Supreme Court said that after reading the facts given in the complaint of the case, it is clear that the material which should be there for the case under the SC ST Act is not visible at first glance. In such a situation, Section 18 of the Act will not apply. It will be open for the court to consider the petition filed for anticipatory bail in such a case on the merit of the case. In fact, Section 18 of the SC / ST Atrocities Prevention Act provides that anticipatory bail cannot be granted in this case. A case was registered against the editor of the YouTube channel under the SC / ST Act. In this case, the accused had earlier knocked the door of the Kerala High Court, but the High Court refused to grant anticipatory bail. The Supreme Court rejected the decision of the Kerala High Court.

According to Section 18 of the SC/ST Atrocities Prevention Act, there is no provision for anticipatory bail in the case registered in this matter. Section 438 of the CrPC provides for anticipatory bail. But Section 18 of the SC ST Act states that Section 438 of the CrPC does not apply in this case. Section 18A of the Act states that no prior investigation is required in the FIR registered in this case. Also, approval is not required before arresting the accused.

The Supreme Court’s system curbs the misuse of the law
A case is registered under SC/ST Atrocities Prevention Act when people of SC/ST community are addressed with casteist words or such people are physically assaulted or such acts are done with them which are against humanity. Anticipatory bail is not granted in a case registered under this Act and it is a non-bailable offence. But from time to time, the Supreme Court has given some important decisions in the related case in which the law has been interpreted. In May, the Supreme Court had said that a case will be made in the case of allegations made under SC ST Act related to casteist words only when the objectionable casteist comment is made publicly (in front of the public). In the current decision, the Supreme Court has said that anticipatory bail is prohibited only if there are prima facie facts in the material. Such a system will stop the misuse of this law and the real culprit will be in the grip.