LAWS(ORI)-2017-5-17

PRAMOD KUMAR RAY Vs. STATE OF ODISHA

Decided On May 10, 2017
Pramod Kumar Ray Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) Heard Mr. Jagannath Pattnaik, learned Senior Counsel, who acted as Amicus Curiae on the request by this Court, and Mr. S.P. Mishra, learned Advocate General.

(2.) The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("S.C. & S.T. Act" for short) came into force w.e.f. 30.01.1990. It needs no mention that, this Act is relatable to the expression 'Law' in Art. 17 of the Constitution of India. The objects and reasons of the S.C. & S.T. Act clearly pronounce that the members of the S.C. & S.T. communities remain vulnerable and they are denied number of civil rights in the society. They are also subjected to numerous humiliation and harassments.

(3.) Subsequently, in umpteen decisions, Honourable the Supreme Court and different High Courts dealt with the question of bar of Sec. 438, Crimial P.C. in Sec. 18 of the S.C. & S.T. (P.A.) Act.