The Hindu : A.P. extends Cr.P.C. provisions to tribal areas

Online edition of India's National Newspaper
Sunday, Mar 28, 2004

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A.P. extends Cr.P.C. provisions to tribal areas

By Our Legal Correspondent

NEW DELHI, MARCH 27. Heeding the advice of the Supreme Court, the Andhra Pradesh Government has issued an order extending the provisions of the Criminal Procedure Code, 1973, to all the tribal areas in the State, paving the way for the release of over 3,000 tribals languishing in jails even after serving out their sentences.

The 1973 Code has a provision for setting off the period served by undertrial prisoners while calculating a sentence of imprisonment. But since the Code was not applicable to tribal areas, prisoners in these areas had to serve the full sentence imposed on conviction, notwithstanding the period served as undertrials. Further, the benefit of anticipatory bail for non-bailable offences provided under the 1973 Code was not available to the tribals.

When the plight of such prisoners was brought to the notice of the apex court, a Bench headed by the Chief Justice, V.N. Khare, had on March 8 expressed shock and serious concern. The court, while granting time to the State Government to pass appropriate orders for extending the benefit of the 1973 Code to tribal areas, had observed that it would consider award of damages to prisoners who had overstayed.

The State Government issued a G.O. on March 25, making it clear that the entire 1973 Code shall apply to all the tribal areas in the State with effect from March 11. It is now the responsibility of counsel for the prisoners or Public Prosecutors to approach the courts concerned for the release of the tribal prisoners under the provisions in the 1973 Code.

The apex court had taken up for hearing a petition filed by A. Sadguru Prasad, retired District and Sessions Judge and Secretary, Andhra Pradesh State Human Rights Committee, on the plight of tribals in jails due to the non-application of the 1973 Code.

The petitioner said the Code of Criminal Procedure of 1898 was applicable to the whole of Andhra Pradesh before 1973. When the 1973 Cr.P.C. came into force, a notification was issued by the State Government that the 1898 Code would continue to apply to tribal areas.

The case will come up for further hearing in the first week of April.

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