Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | offence under SC ST act maintainabili ty requires judicial application of mind Anticipatory bail registry refused to number act of numbering a petition is purely administrative |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) |
Case(s) Referred | Referred Case 0 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Bail: Anticipatory bail – Sought in a case wherein offence u/s. 3(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was alleged – Initially rejected by District Judge – Later High Court registry refused to number and list the application before the Court and dismissed the application on the ground that offence being under SC/ST Act, the bail application was not maintainable – On appeal, held: The act of numbering a petition is purely administrative – The objections taken by the Court Registry on the aspect of maintainability requires judicial application of mind by utilizing appropriate judicial standard – Moreover, the wordings of Section 18A of the SC/ST Act itself indicates at application of judicial mind – The determination in this case is a judicial function and the High Court Registry could not have rejected the numbering – The High Court Registry could not have exercised such judicial power to answer the maintainability of the petition, when the same was in the realm of the Court – The power of judicial function cannot be delegated to the Registry – The Madras High Court Registry is directed to number the petition and place it before an appropriate Bench. |
Judge | Honble Mr. Justice N.V. Ramana |
Neutral Citation | 2019 INSC 435 |
Petitioner | P. Surendran |
Respondent | State By Inspector Of Police |
SCR | [2019] 6 S.C.R. 467 |
Judgement Date | 2019-03-29 |
Case Number | 1832 |
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