General cases raise concern over Mannarkkad SC/ST court’s mandate

Special Court for scheduled castes/scheduled tribes [SC/ST] Established for speedy disposal of SC/ST cases, Mannarkkad (Prevention of Atrocities) Act cases faces concerns that its core mandate may be diluted as it increasingly deals with general criminal cases that can be heard by sessions courts.

Lawyers and former prosecutors fear that general criminal cases will push SC/ST cases to the background, defeating the purpose of a special court. As of Monday, there were 185 SC/ST cases and 155 pending IPC cases in the court.

The need for urgent trials in SC/ST cases was evident in the Madhu lynching case. Madhu, a tribal youth from Attappady, was killed in 2018. The trial began four years later and was completed in 13 months following intervention by the Supreme Court. Legal experts say that otherwise the case may be postponed further.

Although Mannarkkad adjoins the tribal hills of Attappady, it remains remote for SC and ST litigants from other parts of Palakkad district, including Parambikulam, Muthalamada and Vadakkenchery.

The municipal magistrate court set up in Attappady in January 2024 after decades of demand addressed only part of the problem. It can prosecute crimes punishable by imprisonment for up to three years. More serious crimes and SC/ST cases continue to occur in Mannarkkad.

To improve access to justice, Mannarkkad Bar Association president Boby Jacob and former deputy director of public prosecutions P. Premnath suggested holding periodic camp sessions at the sessions court and SC/ST special court at Attappady.

Mr. Premnath said the SC/ST special court should remain specific to SC/ST cases and not hear general criminal cases. He said an additional district and sessions court in Mannarkkad could solve this problem.

There are six fast track courts in Palakkad district, four in Palakkad court complex and one each in Alathur and Pattambi. Mr. Premnath said the additional sessions court in Mannarkkad will preserve the privileged character of the SC/ST court.

Former public prosecutor P. Jayan said there was space for an additional court in Mannarkkad but it would require huge expenditure.

According to Mr. Jacob, additional sessions of the court may not be possible at this time. He said the SC/ST special court had no significant sanction.

“But the urgent need is separation of municipal and magistrate courts in Mannarkkad,” Mr. Jacob said.

For this, a new courthouse complex is needed. “The plan is before the Supreme Court building committee and is awaiting approval,” Mr Jacob said.

Mr. Jacob also called for setting up of a special court to handle narcotic drugs and psychotropic substances (NDPS) cases in Mannarkkad or Attappady, citing the high number of cases in the district. “Attapady hills share an open border with Tamil Nadu and enable transportation of drugs. NDPS cases here are high,” he said. Palakkad’s only NDPS court is located in Pattambi at the western edge of the district.

Legal observers argue that the SC/ST special court should retain its special focus on timely delivery of justice for the SC and ST communities.