Special Judge's Decision Set Aside Due to Lack of Hearing for Deceased's Widow in SC/ST Act Case
In a significant ruling, the Madhya Pradesh High Court has set aside the order of a Special Judge in Sagar, directing a fresh hearing in a case involving the death of Nilesh Adivasi @ Natthu Adivasi under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The High Court found that the principles of natural justice were violated as the widow of the deceased, Reva Adivasi, was not given an effective opportunity to be heard before the closure report submitted by a Special Investigation Team (SIT) was adjudicated.
The writ petitions filed by Reva Adivasi and Govind Singh Rajput arose from the Special Judge's order dated March 18, 2026, which declined to accept the SIT's closure report in Crime No. 329/2025. The case involves allegations of abetment of suicide and offenses under the SC/ST Act.
The High Court, presided by Justice Himanshu Joshi, emphasized the necessity of procedural fairness, especially in cases under protective legislation like the SC/ST Act. The court underscored that the complainant or victim must be given a meaningful opportunity of hearing before any decision on a closure report is made.
The court pointed out that even though the Special Judge's order favored Reva Adivasi's stance by rejecting the closure report, the lack of hearing constituted a procedural lapse. The High Court highlighted that judicial orders must be fair not only in outcome but also in the process of decision-making.
The judgment mandates that the Special Judge must now notify Reva Adivasi, allowing her to inspect and obtain materials related to the closure report, and provide her an opportunity to present objections. The Special Judge is to reconsider the closure report and issue a reasoned order uninfluenced by previous observations.
This decision underscores the judiciary's commitment to uphold natural justice and procedural fairness, particularly in sensitive cases involving marginalized communities.
Bottom line:-
Principles of natural justice mandate that a complainant/victim must be given an effective opportunity of hearing before the adjudication of a closure report by the Court, especially in cases involving grave allegations under SC/ST (Prevention of Atrocities) Act.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 108, 3(5), Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 180, 183, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3(2)(v)
