New Delhi: Provisions under the SC/ST Act that prevent land belonging to Scheduled Castes and Tribes from being wrongfully taken over cannot be used to stop a bank from exercising its lawful mortgage rights, the Delhi High Court has held.

Justice Sachin Datta made this prima facie observation while staying proceedings initiated by the National Commission for Scheduled Tribes against Axis Bank, its Managing Director (MD) and Chief Executive Officer (CEO).

“Prima facie, in the context of the facts of the present case, Sections 3(1)(f) and (g) of the Atrocities Act are not attracted in as much the same cannot be invoked to preclude/ prevent the exercise of mortgage right/security interest of the petitioner,” Justice Datta said. ADVERTISEMENT

Based on a complaint, alleging violation of Sec

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