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HC sets aside SC/ST Act amendment

NYOOOZ 2018-10-11 05:30:00

HC sets aside SC/ST Act amendment

  • | Thursday | 11th October, 2018

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It also directed the state government to ensure that special courts in this connection were constituted and designated within a period of eight weeks.Furthermore, the full bench held that amendment in the SC/ST Act was prospective in nature and, therefore, it would be applicable in proceedings or judgments passed after the date of amendment, i.e. January 26, 2016, and not to old cases. "In addition to it, the full bench directed the Uttar Pradesh government to forthwith initiate the consultative process for setting up special courts in the state for speedy trial of cases involving atrocities against members of SCs and STs. ALLAHABAD: A full bench of the Allahabad high court on Wednesday held as 'unconstitutional' a 2016 amendment in the SC/ST Act that restrained HCs from entertaining an appeal challenging any lower court order after expiry of 180 days from passing of such order.The judgement has come as a big relief for all those who could not challenge a lower court order within 180 days as amendment to the Act had completely snatched away their right to appeal against it after expiry of the stipulated period.While deciding the issue, the full bench comprising Chief Justice Dilip Babasaheb Bhosale , Justice Ramesh Sinha and Justice Yashwant Varma observed: "The direct and unhindered effect of taking away the statutory right of a first appeal, which has been recognised to be an integral facet of fair procedure enshrined in Article 21 of the Constitution, is unconstitutional.

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