Victim Must Be Heard Before Granting Bail Under SC/ST Act: Rajasthan High Court Directs Police to Ensure Proper Notification

Justice Cannot Move at a Snail’s Pace; Police Must Use Technology to Inform Victims Before Bail Hearings – Rajasthan High Court dismissed two bail cancellation petitions but issued strict directions to the police and state authorities to ensure compliance with Section 15(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The Court made it clear that victims must be informed before bail is granted to accused persons in cases under the SC/ST Act and directed that police must maintain verifiable proof of such notifications using modern technology.

"The legal process cannot move at a bullock-cart pace in the digital era. The police must leverage technology to ensure timely service of notices to victims before bail hearings," the Court ruled while rejecting the petitions filed by Ramesh Bairwa, who had sought cancellation of bail granted to accused persons Manoj Pareek and Mahendra Chhipa.

This ruling reinforces the mandatory requirement of victim participation in bail proceedings under the SC/ST Act, ensuring that future bail applications strictly adhere to statutory notification requirements.

"Bail Granted Before Victim Was Notified? Rajasthan High Court Questions Police Procedure"

The case revolved around a challenge to the bail granted to accused persons Manoj Pareek and Mahendra Chhipa, who were booked under the SC/ST Act. The complainant, Ramesh Bairwa, argued that he was not given prior notice before the bail hearings, as mandated under Section 15(A) of the SC/ST Act.

According to the complainant, the police only issued an official notice on December 3, 2022, even though the bail had already been granted on November 28, 2022. He contended that the failure to notify him before the hearing violated his statutory right to participate in the proceedings.

"The law mandates that victims must be notified before bail hearings, not after the bail has already been granted. The delay in sending the notice violates the statutory rights of the victim under the SC/ST Act," the complainant’s counsel argued before the Court.

"Was the Victim Notified Through a Phone Call? Court Examines Police Compliance"

Opposing the bail cancellation petitions, the State argued that the complainant was informed about the bail applications through a phone call before the bail was granted.

"The complainant was informed by the Investigating Officer on his registered mobile number well in advance of the bail hearing. This fact was recorded in the police register and the case diary," the Public Prosecutor contended.

The Court noted that in the case of Mahendra Chhipa, the complainant was informed via phone on October 8, 2022, and in the case of Manoj Pareek, he was informed on August 25, 2022. However, the Court also observed that a second notice was issued on December 3, 2022—after the bail had already been granted—which suggested an administrative lapse.

"While there may have been some procedural lapses in issuing a formal written notice, the fact that the complainant was informed in advance through a phone call ensures substantial compliance with the law," the Court stated while rejecting the petition for bail cancellation.

"Technology Must Be Used to Ensure Victim’s Rights Are Protected": High Court Directs Digital Record-Keeping for Bail Notices

Although the Court did not cancel the bail granted to the accused, it expressed serious concerns over the lack of uniform procedures for notifying victims before bail hearings in SC/ST Act cases.

Citing the Bombay High Court’s ruling in Shobha v. State of Maharashtra (2019), the Court held that police should use mobile communication methods such as SMS or WhatsApp to ensure that victims receive timely information about bail applications.

"Notice under Section 15(A)(3) of the SC/ST Act is mandatory, but the presence of the victim during the hearing is not. Once notice is served, it is the victim’s choice to participate or not. However, the police must ensure that there is verifiable proof of service before the bail hearing," the Court observed.

Recognizing the importance of technology in expediting legal processes, the Court directed that henceforth, investigating officers must document proof of victim notification before bail hearings, either by maintaining a screenshot of an SMS, WhatsApp message, or an acknowledgment of a phone call.

"Justice Cannot Be Delayed Due to Inefficient Procedures": High Court Orders Systemic Reforms in Police Notification Process

Taking note of administrative lapses in notifying victims before bail hearings, the Court issued specific directions to the police and government authorities to ensure compliance with the SC/ST Act.

"The legal system cannot function at a snail’s pace in the digital era. The use of technology is not optional—it is necessary for ensuring fair and transparent legal proceedings," the Court asserted.

To ensure proper implementation, the Court issued a general mandamus to the Director General of Police (DGP) and the Principal Secretary, Department of Home, Government of Rajasthan, directing that: "A Nodal Officer must be appointed in each district of Rajasthan to oversee the service of notices to victims. Whenever a court directs the Public Prosecutor to inform a victim about a bail application, the police must produce verifiable proof—such as an SMS, WhatsApp screenshot, or an acknowledgment of a phone call—before the bail hearing."

The Court further directed that this procedure must be uniformly followed in all bail applications under the SC/ST Act to prevent future lapses in notifying victims before bail hearings.

"SC/ST Act Mandates Victim Participation in Bail Hearings; Rajasthan High Court Ensures Compliance Through Digital Verification"

In this ruling, the Rajasthan High Court has reinforced that victims must be given a real opportunity to be heard before bail is granted in cases under the SC/ST Act. The judgment ensures that: "Notice under Section 15(A) of the SC/ST Act is not a formality but a fundamental right. Police must provide clear and verifiable proof that victims have been informed before bail hearings. The process of law cannot move at an outdated pace when technology can ensure speed and transparency."

With this ruling, the Court has set a crucial precedent for bail proceedings under the SC/ST Act, ensuring that victims’ rights are protected and justice is not compromised by procedural lapses.

Date of decision: 17 February 2025