A Division Bench of the Chhattisgarh High Court examined whether a second appeal under Section 14A(2) of the SC/ST Act is maintainable.
The appellant first challenged the rejection of bail. The High Court dismissed that appeal on merits. The Special Court later framed charges. The appellant then filed another appeal and claimed a change in circumstances.
The Court held that the right of appeal under Section 14A(2) is purely statutory. A party can exercise it only in the manner the statute permits. The Bench interpreted the non obstante clause and the limitation provision under Section 14A.
The appeal was held not maintainable once the High Court has already decided the earlier appeal on merits. The Bench answered the reference accordingly and rejected the second appeal.
“12. Sub-section (2) of Section 14A of the POA Act starts with a non obstante clause and consequently, in case of any conflict or inconsistency, the provisions contained in sub-section (2) of Section 14A shall prevail…”
“13. Right of appeal envisaged under Section 14A(2) of the POA Act is statutory in nature…”
“14. Right of appeal is neither a natural nor an inherent right vested in a party. It is a substantive statutory right…”
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