JUDGEMENT
BHARATI DANGRE, J. -
(1.)By order dtd. 28/11/2022, the learned Single Judge of this Court (Sarang V. Kotwal, J.) formulated two issues arising
before him, to be placed before the Hon'ble the Chief Justice in
terms of Rule 8 of Chapter I of the Bombay High Court
Appellate Side Rules, 1960 and requested for constitution of a
Bench of two or more Judges to decide the same.
(2.)The issues are eloquently set out in the order dtd. 28/11/2022, as under:
"A. If a person belongs to a caste or a tribe which is declared by notifcation as a Scheduled Caste or Scheduled Tribe in a particular State or Union Territory, but not in other parts of the country, then whether any act defned under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; can be an offence outside that State or Union Territory.
B. The Appeals under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be decided by a Single Judge Bench or by a Division Bench and whether such Appeals would fall within any of the clauses (a) to (i) of Rule 2(II) (Criminal) of Chapter I of the Bombay High Court Appellate Side Rules, 1960."
(3.)We would proffer to pronounce on the Issue No.(B) ahead of issue formulated as Issue No.(A), as the said issue is more
facile and not much debated.
ISSUE NO.B
"WHETHER AN APPEAL UNDER Sec. 14-A OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989 CAN BE DECIDED BY SINGLE JUDGE OR WHETHER IT REQUIRES HEARING BY THE DIVISION BENCH"
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