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Fund SC/ST victims: HC

Orissa High Court has directed the state government to make provision for payment of expenses to victims or his dependents in cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, who come to take part in a proceeding, including bail proceeding.

LALMOHAN PATNAIK Published 23.06.17, 12:00 AM
Orissa High Court

Cuttack, June 22: Orissa High Court has directed the state government to make provision for payment of expenses to victims or his dependents in cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, who come to take part in a proceeding, including bail proceeding.

The single-judge bench of Justice C.R. Dash directed the state government to provide Rs 50,000 each to sessions judge court in all the 30 districts and Rs 1 lakh to the high court for the purpose.

The high court in its order expected the funds to be made available to the sessions judges' courts and high court within two months.

Justice Dash expressed concern that when people of the scheduled castes and scheduled tribes are "generally poor persons" and there is provision in the Act to give travelling expenses, during investigation, enquiry and trial, to the victim or his dependent, "the state government has made no provision for payment of travelling expenses".

"It is the duty of the state government to make adequate arrangement for payment of such expenses to a victim or his dependent intending or coming to take part in a proceeding in a special court, especially taking into consideration his poverty," Justice Dash said in his ruling.

The court gave the direction while considering a petition for anticipatory bail by a person accused in case of alleged atrocity under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered at the Delanga police station in Puri district.

"In view of such fact, the state government in home department and finance department are directed to place at least Rs 50,000 each at the disposal of the sessions judges of each districts of the state to meet the expenses to a victim or his dependent belonging to the SC or ST community. On a certificate given by the public prosecutor or special public prosecutor regarding participation of the victim or his dependent in a proceeding, the concerned sessions judge shall pay the expenses, as admissible to any witness in a case. If such expenses cannot be paid on the same day, the same be sent to the victim or his dependent by bank draft or money order within seven days of his appearance," Justice Dash said in his May 10 order, a copy of the full text of which was made available yesterday.

Senior advocate Jagannath Pattnaik, who was appointed amicus curiae in the case, said the high court further directed that placement of a fund of Rs 1 lakh at the disposal of the registrar (judicial), Orissa High Court, so that the expenses can be paid to the victim or his dependent coming to the court for participating in any proceeding related to atrocities on SC or ST.

In the order, the high court had directed the anticipatory bail petitioner to surrender before the Special Sessions Judge, Puri, to get interim bail.

An important part of the verdict, Patnaik said, was that it specified "the question of rejection or allowing the bail application on merit shall be dealt with at the time of final hearing of the bail application after sufficiency of notice to the victim or his dependent, irrespective of their presence or absence".

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