High court gives UP eight weeks to set up special courts

ALLAHABAD: A full bench of Allahabad high court on Tuesday directed the state government to forthwith initiate the consultative process for setting up special courts for speedy trial of cases related with atrocities on members of the scheduled castes (SCs) and the scheduled tribes (STs).

It also directed the state government to ensure that special courts are constituted and designated within a period of eight weeks.

The full bench also held that amendment in the SC/ST Act —restraining high court from entertaining an appeal challenging any lower court order after expiry of 180 days — is unconstitutional.

The bench of chief justice DB Bhosale, justice Ramesh Sinha and justice Yashwant Varma also held that amendments, other than the one fixing time limit for filing an appeal, are prospective in nature and hence will be applicable in proceedings or judgements which are passed after the amendments are cleared (January 26, 2016) and not on old cases.

Advocate Sujan Singh, who appeared for one of the accused, said, “The judgment comes as a big relief for all those who could not challenge the lower court’s order within 180 days as the Act had completely barred their right to challenge the same after the deadline.”

“As per the amendments in the Act, an appeal will be decided only after giving an opportunity of hearing to the victim. It will bring more burden and pendency of cases on the already overburdened high courts. Further an accused who is in jail won’t get any relief unless and until victim appears before the court or court proceeds in absence of victim who does not appear even after getting due notice,” added Singh.