http://timesofindia.indiatimes.com/city/delhi/Court-slams-abuse-of-SC/ST-Act/articleshow/6316444.cms
Court slams abuse of SC/ST Act Smriti Singh, TNN, Aug 15, 2010, 11.59pm IST 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 judgeKamini 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. ------------------------------------ ---- INFORMATION OVERLOAD? Get all ZESTCaste mails sent out in a span of 24 hours in a single mail. Subscribe to the daily digest version by sending a blank mail to zestmedia-dig...@yahoogroups.com, OR, if you have a Yahoo! Id, change your settings at http://groups.yahoo.com/group/ZESTMedia/join/ PARTICIPATE:- On this list you can share caste news, discuss caste issues and network with like-minded anti-caste people from across India and the world. Just write to zestcaste@yahoogroups.com TELL FRIENDS TO SIGN UP:- If you got this mail as a forward, subscribe to ZESTCaste by sending a blank mail to zestcaste-subscr...@yahoogroups.com OR, if you have a Yahoo! ID, by visiting http://groups.yahoo.com/group/ZESTCaste/join/ Also have a look at our sister list, ZESTMedia: http://groups.yahoo.com/group/ZESTMedia/Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/ZESTCaste/ <*> Your email settings: Individual Email | Traditional <*> To change settings online go to: http://groups.yahoo.com/group/ZESTCaste/join (Yahoo! ID required) <*> To change settings via email: zestcaste-dig...@yahoogroups.com zestcaste-fullfeatu...@yahoogroups.com <*> To unsubscribe from this group, send an email to: zestcaste-unsubscr...@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/