Article: Supreme Court’s Powers to Quash Criminal Cases under ‘Special Statutes’: A Detailed Analysis
The Supreme Court recently proclaimed in a judgment that both the apex court and high courts hold the authority to quash criminal cases filed under varied ‘special statutes’, which includes the SC/ST Act. This is possible due to the inherent powers vested in the Supreme Court under Article 142 of the Constitution and the High Court under Section 482 of the Code of Criminal Procedure, allowing them to terminate proceedings under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989 (SC/ST Act).
Criteria to Quash Cases under ‘Special Statutes’
Certain specific situations warrant the quashing of cases under ‘special statutes’. If the offence in question, although covered under the SC/ST Act, is majorly private or civil in nature or if the offence wasn’t committed because of the victim’s caste, the court has the right to quash the case. Additionally, the legal proceedings can be discontinued if they are deemed to be an abuse of the process of law. Moreover, if a settlement or compromise between the two parties doesn’t contravene the underlying objective of the SC/ST Act, even if the crime remains unpunished, the court can consider quashing the case.
Understanding Article 142: Scope and Limitations
Article 142 provides discretionary power to the Supreme Court to issue any order necessary for delivering complete justice in any pending cause or matter. During the initial years of this article’s evolution, the public and lawyers immensely appreciated the Supreme Court for ensuring justice to various deprived sections of society and protecting the environment.
However, through the Union Carbide case (pertaining to the Bhopal gas tragedy victims), the Supreme Court stated that it could override the laws made by Parliament to guarantee complete justice. Nevertheless, in the Supreme Court Bar Association v. Union of India case, it was established that Article 142 is intended to supplement existing law, not supplant it.
Contemporary Cases of Judicial Overreach
In recent times, the Supreme Court has forayed into areas traditionally forbidden to the judiciary due to the doctrine of ‘separation of powers’, which forms the basic structure of the Constitution. An example of this is the prohibition of alcohol sales along national and state highways, wherein the Supreme Court extended a central government ban to include an additional distance of 500 metres invoking Article 142.
About Section 482 of the Code of Criminal Procedure
Section 482 allows the High Court to issue any order necessary for enforcing justice. It also grants the court power to quash proceedings of lower courts or FIRs.
Highlighting the SC/ST Act
The SC/ST Act of 1989 is a Parliament-enacted law aimed at preventing discrimination and atrocities against members of the SC & ST communities. Despite various measures, these communities still face atrocities from upper castes. Thus, this Act was implemented, backed by constitutional safeguards in Articles 15 (Prohibition of Discrimination), 17 (Abolition of Untouchability) and 21 (Protection of Life and Personal Liberty). The Act’s primary objective is to protect these vulnerable communities and provide relief and rehabilitation to victims of caste-based atrocities. The amended SC/ST Act (2018) states that no preliminary inquiry or prior approval is required for appointing authorities or senior police officers to file FIRs in cases of atrocities on SC and ST.