SAKTI versus STATE OF A.P. & ORS.

SAKTI versus STATE OF A.P. & ORS.

The two Acts operate in different fields; Section 21 of the Central Act imposes a duty on the State Government to appoint officers for prosecution and supervision, independent of functions under the State Act. The State Government must appoint officers under Section 21(2) of the Central Act.

Parties
Appellant: SAKTI; Respondents: STATE OF A.P. & ORS.
Jurisdiction
India
Judgment Date
24 April 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court's Dismissal of Writ Petition No. 11543 of 1999
Outcome
Appeal disposed of
Legal Topics
Appointment of Officers, Implementation of Statutory Safeguards, Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act
Constitutional Law Scheduled Castes & Scheduled Tribes Law Administrative Law Appointment of Officers Implementation of Statutory Safeguards Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act

Case Brief

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Parties

SAKTI

Appellant

STATE OF A.P. & ORS.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal From Andhra Pradesh High Court's Dismissal of Writ Petition No. 11543 of 1999

Legal Issues

  1. 1 Whether the A.P. State Commission for Scheduled Castes and Scheduled Tribes Act, 2003 and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 operate in the same field or different fields
  2. 2 Whether the State Government is required to appoint officers under Section 21(2) of the Central Act for initiation and supervision of prosecutions

Ratio Decidendi

The two Acts operate in different fields; Section 21 of the Central Act imposes a duty on the State Government to appoint officers for prosecution and supervision, independent of functions under the State Act. The State Government must appoint officers under Section 21(2) of the Central Act.

Court Disposition

Appeal disposed of

Orders

  • State Government directed to take immediate steps for appointment in terms of Section 21(2) of the Central Act as early as practicable, preferably within six months from date of judgment