In a landmark decision by Supreme Court in Dr. Subhash Kashinath Mahajan V/s State of Maharashtra which was the centre piece of wildscale violent and protest is actually a welfare judgement to secure the right of life and personal liberty under Article 21 of our constitution to hundreds of innocent who are falsely implicated to wreak vengeance. Let me take you to the facts of the case. The respondent-complainant, a member from the SC/ST community, was store keeper in a Government Distance College at Pune. The respondent lodged false FIR under various provisions of the Schedule Caste and the Schedule Tribes (Prevention of Attrocities) Act, 1989 and under IPC against the Directors of the College by alleging that the said directors has malafidely made wrong entry in Annual Confidential report to villify his character and integrity at workplace. The investigation officer applied for sanction under section 197 of CrPC to the then Director of Technical Education in the state of Maharashtra against the directors of the college.
To those who does not understand the meaning of sanction let me tell you before initiating any criminal investigation or prosecution against a public servant, it is mandatory for an investigation officer to apply for sanction under section 197 of Code of Criminal Procedure. Sanction authorities are appointing authorities. In the facts of the case, the sanction was turned down by the appellant and later on after 5 years of the turning down of sanction order, this time, FIR is filed against the sanction authority, the appellant, on a frivolous ground that the appellant is not a competent authority to grant or refuse sanction.
It is a sheer misuse of the Act. If somebody has a grievance, why would he lodge an FIR after a span of 5 years? The respondent- complainant has several complaints against his bad behaviour and misconduct during service. When the Directors of the college took action against his service misconduct, a false FIR is lodged against the directors of the college alleging attrocities under the Act. The Act is indeed very dangerous and threatening.
When the appellant approached the High Court of Bombay for quashing of FIR under the Act, the court refused to quash saying the decision would send a wrong signal to the community of SC and ST. When the appellant approached the Supreme Court, the Supreme Court observed that the provision of anticipitaory bail and arrest under SC ST Act is limited to innocents and genuine persons who are victims of false complaints. The logic behind the judgement is the innocents shall not be punished for no fault of their own. The court also observed that there is gross misuse of the welfare Act and to stop the misuse the Supreme Court brought out the measures of pre investigation by a police officer rank of SSP before initiating any investigation or arrest which till now was used for taking out personal vendetta.
Now the problem is the draconian measures of the Act was enjoyed by many till the decisions of the SC. Suddenly, Supreme Court took away the powers to protect the innocents which many from the community of SC and ST is taking as a blow on their unfettered powers. The centre is also dancing to their tunes because they cannot take risk in the upcoming general elections.
Why people who are not from SC and ST has to suffer for no fault of their own? We do vote in the democracy and we have to show it. The SC ST Amendment Bill is justing restoring the provisions of the earlier Act which denies pre-investigation and anticipatory bail which our Supreme Court granted. The government cannot control the anti-social elements and that is why bringing the amendment bill as an appeasement tactics. If the government cannot take the situation of rampant hooliganism on street, how can we entrust the government to take into control the onslaught of foreign elements? We have to fight for our own. This fight is no more of religions, this is for our mutual rights.
Kindly pour millions of your signature to pressurize the government to withdraw the bill.
Jai Hind!