August 15.2010
NEW DELHI: Concerned about the growing misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, a trial court has suggested to the commissioner of police that the final reports filed under the Act be monitored at a ''higher level to check its frequent misuse''.
The court's remarks came while refusing to take cognizance of a chargesheet filed by
Delhi Police under various provisions of the
IPC and
SC/ST Act against three persons following a land dispute with S S Khemwal, a former deputy
secretary with the ministry of petroleum.
"The present case is just another glaring example of abuse of a special legislation having stringent provisions; so enacted to ameliorate the lot of hitherto, under-privileged, deprived and marginalised section of the society," additional sessions judge
Kamini Lau said.
As per the case, Khemwal, a member of the scheduled caste community, filed a complaint in 2007 alleging that few men were illegally harvesting crop from his land and when he intervened they harassed and tortured him. He further alleged that there was a ''non-performance of duties'' by the public servants since despite the directions of the deputy commissioner, they did not enter his name in Khasra Girdawari (land records) for three consecutive years.
On the basis of his statement, police registered a case against the accused under various sections of IPC. The police later added Section 3(1) (v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as the complainant belonged to schedule caste category.
After going through the records of the case, the court found that there was no substance in the complaint which could invoke the Act. Slamming the police for naming six revenue officers in the chargesheet, the court said that there was no sanction to seek their prosecution and further they cannot be prosecuted for discharging judicial and quasi-judicial functions.
The court also rapped an assistant commissioner of police (ACP), who investigated the case registered by
Khemwal with
Swaroop Nagar police station on September 21, 2007, for allowing himself to be played into the hands of the complainant.
"The investigating officer has filed the chargesheet against as many as nine persons without there being any material, this only makes this court ponder the reason why this has been done. Either the investigating officer is unaware of the fundamentals of criminal jurisprudence or he is absolutely indifferent to the consequences of his act," it said.
The court added that the complainant himself had till date not been able to establish his legal right over the land in question at village Nangli
Poona that was earmarked by the government for allotment to persons living below the poverty line.
The court said that the Delhi Police chief should be informed about the manner in which the investigation was conducted and chargesheet filed in the case without any substance. "It is, therefore, necessary that the commissioner of police, Delhi, be made aware of the manner in which the investigations have been conducted and the chargesheet filed not only against three public persons but also against as many as six government officials without there being any basis for the same," ASJ Lau said.
http://timesofindia.indiatimes.com/city/delhi/Court-slams-abuse-of-SC/ST-Act/articleshow/6316444.cms#ixzz0zKZiMRsM...............
Though meant for the oppressed section of society, the Act is often used to settle personal scores LAW cannot be the `absolute property of a few', a Delhi court has said while expressing concern over growing misuse of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, meant for the oppressed section of the society.
Additional Sessions Judge Kamini Lau said that court should not remain as `mute spectator' to the abuse of the law which was passed with an aim to improve the lot of a particular section of the society. Unfortunately one comes across growing instances of cases where the provisions of this Act have not so much been invoked for the betterment of those to whom it seeks to protect, than by those who want to settle personal scores by giving to an otherwise ordinary dispute, the colour of an alleged atrocity under the SC/ ST Act, 1989, the court said.
It said authorities should ensure that the legislation is used only to eliminate the exploitation of the marginalised members of the SC/ STs. Law cannot be the absolute property of a few and this court can only hope and appeal that the provisions of this special legislation are not abused by a few so as to ensure that its benefit is able to actually reach the exploited sections, the court said.
The court made the observations while refusing to take cognisance of a charge sheet filed by the Delhi Police under various provisions of the IPC and SC/ST Act against three persons following a land dispute with S S Khemwal, a former Deputy Secretary with Ministry of Petroleum.
The present case is just another glaring example of abuse of a special legislation having stringent provisions, so enacted to ameliorate the lot of hitherto under-privileged, deprived and marginalised section of the society.This court in a case like present will not remain a mute spectator to any abuse of the process of law. This court also will not be a privy to any exploitative situation of misuse and abuse of this Act, whose abuse has otherwise raised serious concerns all over the country, it said.
PTI
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