Question

The state government can specify a court of session to be a special court to try the offenses under the Scheduled castes and Scheduled tribes (Prevention of Atrocities) Act, 1989, with the concurrence of the
1. Governor
2. Chief justice of High Court
3. Session Judge of concerned district
4. Ministry of Law

Answer 1

Correct Answer - Option 2 : Chief justice of High Court

The correct answer is Chief Justice of High Court.

• According to section 14 of the Scheduled castes and Scheduled tribes (Prevention of Atrocities) Act, 1989:-
  • For the purpose of providing for a speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, establish an Exclusive Special Court for one or more districts provided that in Districts where less number of cases under this Act is recorded, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for such Districts, the Court of Session to be a Special Court to try the offenses under this Act.
  • For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.
  • It shall be the duty of the State Government to establish an adequate number of Courts to ensure that cases under this Act are disposed of within a period of two months, as far as possible.
  • In every trial in the Special Court or the Exclusive Special Court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Special Court or the Exclusive Special Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing

• In August 2018, the Indian parliament passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, to bypass the ruling of the Supreme Court of India laying down procedures for arrests under the Act.
• The bill inserts section 18A (1) (a) in the 1989 Act, which says a 'preliminary inquiry shall not be required for registration of an FIR against any person'.