Gujarat police misinterpreting SC judgment, not arresting Atrocities Act accused: Dalit bodies

He said the Gujarat police has been wrongfully interpreting the top court’s Arnesh Kumar Vs State of Bihar judgment, and thereby, not arresting those accused in the Atrocity Act cases in which the punishment is less than seven years. According to him, the Supreme Court judgment has ruled that if the prescribed punishment for an offence is less than seven years in a case, police can enlarge (extend the bail to a later date) the accused while giving them a notice without formally arresting them.

In Gujarat, the police have invoked the said judgment and enlarged the Atrocity Act accused in hundreds of cases while giving them notices without formally arresting them, Parmar alleged, adding that if the accused is not arrested, it will break the morale of the complainant. It also leads to fears that the accused will threaten the complainant and witnesses without having any fear of police.

He emphasised that there is a clear provision in the Atrocity Act that the accused cannot be granted anticipatory bail. “The Atrocity Act also has a clear provision that it will override other laws. Yet, the state police is applying the Supreme Court judgment in the case of Arnesh Kumar to the Atrocity Act cases. The Atrocity Act is a special act that has been enacted for the protection of interests of Dalits and tribals, and it cannot be compared with Criminal Procedure Code or Bharatiya Nagrik Suraksha Sanhita or the period of punishment of an offence,” Parmar said.