The Supreme Court severely criticised the Andhra Pradesh government for applying archaic criminal laws to the tribals leading to over 3,000 of them languishing in various jails of the state even after the completion of their prison terms. |
A three-judge bench headed by Chief Justice V N Khare took exception to the application of Criminal Procedure Code, 1898 instead of the CrPC, 1973, to the scheduled and tribal areas in the districts of Adilabad, Warangal, Khammam, East and West Godavari, Visakhapatnam, Vizianagaram and Srikakulam in the state. |
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The bench asked the government to immediately take steps to nullify the 30-year-old notification and "uniformly apply the 1973 Code to the entire state". |
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The bench also asked amicus curiae P P Rao to get the names of the tribals who have been languishing in the prisons despite completing their prison terms and observed that "we will award heavy damages against the state government for its callousness in applying a 19th century law to the tribals". |
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Under the 1898 Code, the persons facing criminal cases would not be entitled for anticipatory bail, their remand periods would not be counted as period of imprisonment and that the cases would be tried by executive magistrates. |
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