The State Government seems to be saying its job is done when it passes a good legislation.
The Jharkhand Government amended the SC/ST (prevention of atrocities) Act, 1989 in 2015 which came into effect from January 1, 2016, to introduce rights of victims and witnesses, their protection against any kind of intimidation or coercion or inducement or threat of violence. It also provided that the Special Court trying a case under the Act will provide to a victim, his dependent, informant or witnesses complete protection to secure the ends of justice, travelling and maintenance expenses during investigation and the socio-economic rehabilitation during probe.
However, a Single bench of Jharkhand High Court comprising Justice Anant Bijay Singh has prima facie found, in a recent order, that there has been mismatch between the existence of this good law and its actual implementation.
The court’s acerbic observation has come after a Dalit widow mother along with five other witnesses turned hostile during the trial of a case of kidnapping, rape and murder of her daughter in Daltonganj under Patan police station. Now, with the Investigating officer has been left as the sole witness. The alleged miscarriage of justice has prompted the two accused, Ramjeet Mehta and Om Prakash Singh, seeking bail from the high court.
The court has observed that prima facie, it appears that the provisions of the SC/ST Act, specially amended to introduce rights of victims and witnesses, their protection against any kind of intimidation were not followed by the State. "These provisions were not taken care of when they were examined by the Special Judge, Palamu," Justice Singh has observed.
The High Court has directed the Registry to implead the DC and SP as parties and Additional Public Prosecutor to get reply from them as to whether Provisions of SC/ST Act amended in 2015 were complied with or not and what steps were taken while the trial was going on.
The Special Judge, in the meantime, has been directed to ensure formulation of a scheme for the victim in terms of provisions of Section 15-A of SC/ST Act and also provide financial help taking help from the State fund as ad interim compensation in terms of Jharkhand Victim Compensation Scheme.
The Special Judge has also been directed to submit a report by January 8, 2018 as to whether when the witnesses were produced the provisions were complied with or not.
The case, in a nutshell, is that the accused were part of a gang of petty robbers in Palamu who were always on a look out for a vulnerable family of women and girls without a male member. By their own confession to the police, they were out to "have some fun" and a "good time" while committing the crime.
One day they gate crashed into one Malti Devi's (name changed) home while she was sleeping along with her daughter. They allegedly kidnapped her daughter, and later gang raped and murdered her in order to destroy the evidence.
The police had, initially, lodged a case of rape and murder against unknown persons when the body of Malti Devi's daughter was found. The duo accused Ramjeet and Om Prakash alongwith another person were later arrested by the police. They had moved the high court, after a Palamu court refused them bail.