THE GUJARAT government has decided to go against the opinion of its legal department and appeal against the judgments of a special trial court in Banaskantha ordering authorities to recover compensation that had been paid to some Dalits under the SC/ST (Prevention of Atrocities) Act.
The special trial court had, in separate judgments, acquitted the accused in three cases of charges under the Act, and ordered the state authorities to recover the compensation paid to the Dalit complainants or victims. It had directed contempt of court proceedings if its orders were not complied with.
However, the state government has decided to appeal against the same in the Gujarat High Court, overruling an opinion by its legal department, in “public interest”. A decision in this regard was taken recently by Social Justice & Empowerment Minister Pradip Parmar, and approved by the office of Chief Minister Bhupendra Patel.
The legal department has appointed Advocate General to represent the state’s case before the High Court, given the sensitivity of the matter.
Confirming the same, Parmar told The Indian Express: “I decided that we must appeal against the orders of the trial court since there is no provision in the (Atrocity) Act to recover the compensation already paid to a person. The CM was also positive in the matter.”
Earlier, the ministry had written to the legal department to file an appeal before the High Court against the trial court orders of 2021, but the latter had decided against the same. In August 2020, The Indian Express had reported the legal department’s refusal to appeal against trial court orders of 2019 as well.
Since the Atrocity Act is a Central Act, the Social Justice & Empowerment Ministry also sought guidance from the Union government on the matter. However, sources said, it did not get any response.
Sources said Parmar then decided to go ahead with moving an appeal against the trial court orders. As rules mandate that the CM give his consent in such “rare” instances, this was taken.
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The three cases at the heart of the matter were registered in Banaskantha district. One case relates to a monetary dispute, in which the complainant had charged the accused with making casteist slurs and beating him.
In the second case, a Dalit woman had accused an upper caste man of beating up her husband, who worked as a laborer in his field, and abusing him on caste lines.
The third case pertained to a fight between two upper caste juveniles and a Dalit Class 12 student.
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