CHENNAI: The Madras High Court has flagged procedural lapses in probing complaints of caste discrimination filed under the SC/ST (Prevention of Atrocities) Act, 1989, and directed the Tamil Nadu DGP to ensure strict compliancy with the law.
“In several matters relating to complaints made under SC/ST (PoA), procedural lapses are being noticed. The second respondent-DGP 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 rank of the IO (investigating officer) and time-bound filing of final report,” said Justice P Velmurugan in a recent order.
Citing a Supreme Court order, he said when a complaint discloses a cognisable offence under the provisions of the SC/ST (PoA) Act, “no preliminary inquiry is permissible either under this Act or the Code of Criminal Procedure (CrPC)” and the inquiry 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 a petition by Muniraj, a disabled man, who sought the court to issue a direction to the authorities concerned of the police in Krishnagiri district to register a complaint under the SC/ST Act against certain persons who hurled casteist abuses. He said the local judicial magistrate court ordered the police to register an FIR but they did not.
The inspector of Hosur Town police station filed a report in the judicial magistrate court that an inquiry held on the matter showed no such offence. Justice Velmurugan held that the judicial magistrate does not have the powers under Section 156 (3) of CrPC to hear a petition of this nature, which only a sessions judge can do.
Holding that the procedure adopted by the magistrate and the police concerned is in patent disregard of the statutory scheme, the judge said such deviation from the mandatory safeguards undermines the rights of the victim and purpose of special legislation.
He directed the Krishnagiri SP to consider the plea filed in the judicial magistrate court as a complaint and register an FIR within two weeks.