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SC/ST Atrocities case: SC grants stay on arrest of activist Trupti Desai

Team SoOLEGAL 29 May 2018 10:00am

SC/ST Atrocities case: SC grants stay on arrest of activist Trupti Desai

A two-judge bench of the Supreme Court comprising Justices L Nageswara Rao and M Shabtanagoudar stayed the arrest of women’s rights activist – Trupti Desai in the SC/ST Atrocities case – on Monday.

The Supreme Court was approached by Desai and other co-accused in the case, challenging the Bombay High Court's denial of anticipatory bail in view of the FIR invoking Sections 3(1)(r), 3(2)(va) and 6 of the SC/ST (Prevention of Atrocities) Act, 1989.

The SC bench has also issued notice to the Maharashtra government seeking its response against the Bombay HC order, which had rejected Desai’s bail plea.

Case background:

Vijay Makasare, filed a complaint against Desai and three other people claiming that the petitioners had forcefully stopped his vehicle – while he was heading to Mumbai – and snatched his mobile phone besides a gold chain and money worth Rs. 27,000. Afterwards, he was assaulted with sticks and an iron rod by all of the accused, who also hurled abuses at him in the name of the caste.

The complainant then lodged an FIR of the incident with the Pune police under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989. Following this, Desai along with other accused moved the Bombay High Court, seeking pre-arrest relief.

Desai in her defense claimed that the assault never happened. She further claimed that the complainant converted into Christianity so invoking provisions of the SC/ST Act stands irrelevant.

Desai argued that she was “falsely implicated” in this case since she resisted the “illegal activities” of the complainant – that he carried out in the name of the organisation ‘Bhumata Brigade Sangathan’ which is run by Desai.

A Division bench of the High Court, however, dismissed the anticipatory bail plea of Desai saying, “We are not going into the truth and falsity of the allegations at this stage. Once this complaint is perused in its entirety, particularly in the backdrop of the provisions of the SC/ST Act and the mandate of section 18 thereof, we cannot term this complaint as a patent false version”.



Tagged: Supreme Court   Bombay High Court   Prevention of Atrocities Act   Maharashtra government   Bhumata Brigade Sangathan  
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