The Supreme Court today stayed the arrest of activist Trupti Desai in an SC/ST atrocities case..Desai and other co-accused in the case have approached the Supreme Court seeking anticipatory bail in a criminal case filed against them in 2017 under various Sections of the Indian Penal Code (IPC) as well as Sections 3(1)(r), 3(2)(va) and 6 of the SC/ST (Prevention of Atrocities) Act, 1989..The Bombay High court had failed to grant relief to the petitioners prompting them to approach the Supreme Court through Advocates Sushil Balwada, Kaushal Yadav and Nagendra Singh..The case of the petitioner is that the complainant in the case, who belongs to a Scheduled Caste community, was allegedly collecting funds illegally in the name of the organisation ‘Bhumata Brigade Sangathan’ which is run by Desai. When the petitioners resisted these “illegal activities” of the complainant, they were “falsely implicated” in this case..An FIR alleging wrongful restraint, causing hurt and criminal intimidation was lodged in Pune against the petitioners. This FIR also invoked provisions of the SC/ ST Act given that the complainant belonged to the Mahar community..According to the petitioners, the only allegation which relates to the provisions of the SC/ ST Act, is a statement made by the petitioners,.“I run an Association and no Hindu Mahar should teach me.”.Submitting that no prima facie offence under Section 3 of the SC/ ST Act is made out against the petitioners in the FIR, the petitioners have prayed for grant of anticipatory bail..The vacation Bench of Justice L Nageswara Rao and Justice M Shabtanagoudar issued notice in the petition and put a stay on the arrest of the petitioners..The prayer for anticipatory bail will now be considered in July when the court re-opens after summer vacation..Read Order:.Image of Trupti Desai taken from here.
The Supreme Court today stayed the arrest of activist Trupti Desai in an SC/ST atrocities case..Desai and other co-accused in the case have approached the Supreme Court seeking anticipatory bail in a criminal case filed against them in 2017 under various Sections of the Indian Penal Code (IPC) as well as Sections 3(1)(r), 3(2)(va) and 6 of the SC/ST (Prevention of Atrocities) Act, 1989..The Bombay High court had failed to grant relief to the petitioners prompting them to approach the Supreme Court through Advocates Sushil Balwada, Kaushal Yadav and Nagendra Singh..The case of the petitioner is that the complainant in the case, who belongs to a Scheduled Caste community, was allegedly collecting funds illegally in the name of the organisation ‘Bhumata Brigade Sangathan’ which is run by Desai. When the petitioners resisted these “illegal activities” of the complainant, they were “falsely implicated” in this case..An FIR alleging wrongful restraint, causing hurt and criminal intimidation was lodged in Pune against the petitioners. This FIR also invoked provisions of the SC/ ST Act given that the complainant belonged to the Mahar community..According to the petitioners, the only allegation which relates to the provisions of the SC/ ST Act, is a statement made by the petitioners,.“I run an Association and no Hindu Mahar should teach me.”.Submitting that no prima facie offence under Section 3 of the SC/ ST Act is made out against the petitioners in the FIR, the petitioners have prayed for grant of anticipatory bail..The vacation Bench of Justice L Nageswara Rao and Justice M Shabtanagoudar issued notice in the petition and put a stay on the arrest of the petitioners..The prayer for anticipatory bail will now be considered in July when the court re-opens after summer vacation..Read Order:.Image of Trupti Desai taken from here.
