CHENNAI: The Madras High Court has flagged the procedural lapses committed by the investigating officers while dealing with complaints of caste discrimination filed under the SC/ST (Prevention of Atrocities) Act, 1989 and directed the Tamil Nadu DGP to ensure strict compliance with the law.
"In several matters relating to complaints made under SC/ST (PoA), procedural lapses are being noticed. The second respondent shall communicate a copy of this order to all SPs who shall ensure strict compliance with the provisions of the SC/ST (PoA) Act and the Rules, particularly Rule 7 relating to the rank of the IO and time-bound filing of the final report,” said Justice P Velmurugan in a recent order.
Citing a Supreme Court order, he said when a complaint discloses a cognizable offence under the provisions of the SC/ST (PoA) Act, no preliminary enquiry is permissible either under this Act or the Code of Criminal Procedure (CrPC) and the enquiry on the complaint shall be held by an officer in the rank of a DSP and not by an Inspector as provided under section 7 (1) of the Act.
The orders were passed on the petition filed by Muniraj, a disabled man, who sought the court to issue a direction to the concerned authorities of the Police in Krishnagiri district to register a complaint under the SC/ST Act against certain persons who abused him by caste while attempting to usurp his land. He said the local judicial magistrate court issued an order to the police, but they did not register the FIR. Advocate R Thirumoorthy appeared for the petitioner.
The Inspector of Hosur Town police station filed a report in the judicial magistrate court that an enquiry held on the matter showed no such offence.
Justice Velmurugan held that the judicial magistrate does not have the powers under section 156 (3) to hear a petition of this nature, but only a sessions judge can do so.
Holding that the procedure adopted by the magistrate and the concerned police is in patent disregard of the statutory scheme, the judge said such deviation from the mandatory safeguards undermines the rights of the victim and the purpose of the special legislation.
He directed the Krishnagiri SP to consider the petition filed in the judicial magistrate court as a complaint and register an FIR within two weeks.