The Gauhati High Court has issued suo motu notices to ten accused booked in a rape and trafficking case noting that the bail was granted without hearing the victim.

The Court noticed the order granting bail while considering a Writ Petition filed by one of the accused for reinstatement in service.

The Bench of Justice Sanjay Kumar observed, "....it appears that in total, there are 20 accused persons who were granted bail and similar procedure is also required to be taken against them.....Considering the above, let notice be issued to the persons whose names have been reflected in paragraph no. 3 of this order."

The High Court was represented by Senior Advocate Muk Pertin, while Advocate D Panging appeared as the Amicus Curiae for the victim, and Advocate SR Rabha appeared for the respondent

The Petitioner in the Writ Petition was suspended pursuant to his arrest in connection with Itanagar Women Police Station Case under Section 376 of the IPC, the POCSO Act and the Immoral Trafficking (Prevention) Act. While considering the said Writ Petition, the Court had noticed that the order of bail which was passed by the Trial Court did not reflect that the victims were heard. Accordingly, the present suo moto proceeding was directed to be initiated.

The Additional Public Prosecutor contended that from a perusal of the records, it is seen that the victim was not. He, however, informed that apart from the present incumbent, there are 8 other incumbents who were granted bail.

On the other hand, Counsel for the Respondent submitted that his client did not have any role in the procedure which was to be followed and bail was granted in accordance with law, which is not liable to be cancelled.

The Additional Public Prosecutor submitted that the guidelines framed vide Notification No. 17, dated 15.03.2024 by the High Court are mandatory in nature as the objective thereof is to give the victim not only an opportunity but an effective hearing before passing any orders in an application/appeal filed by the accused persons involving the POCSO Act.

Accordingly, Notices were issued to the persons whose names were mentioned.

Cause Title: Gauhati High Court Itanagar Permanent Bench vs. Bulang Marik (GAHC040007072025)

Appearances:

Petitioner- Senior Advocate Muk Pertin

Respondent- Advocate Marto Kato, Advocate Tony Meto, Advocate Yasmin Gao, Advocate Mepe Ete, Amicus Curiae Sabda R Rabha, Public Prosecutor Dicky Panging

Click here to read/ download Order




Gauhati High CourtJustice Sanjay Kumar Medhi

Sheetal Joon