Site news

INSTITUTING FALSE, VEXATIOUS LEGAL PROCEEDINGS AGAINST SC ST AMOUNTS TO AN OFFENCE UNDER THE POA ACT

 
 
Picture of System Administrator
INSTITUTING FALSE, VEXATIOUS LEGAL PROCEEDINGS AGAINST SC ST AMOUNTS TO AN OFFENCE UNDER THE POA ACT
by System Administrator - Saturday, 4 March 2017, 7:59 AM
 

By: M.S.Yatnatti: Editor and Video Journalist Bangalore: No FIR is booked at VV Puram Police Station Bangalore despite complaint by chiranjeevi against Sri Panduranga Garg JRCS Chamarajpet Bangalore Under POA Act .Do you know that instituting false, malicious or vexatious suit or criminal or other legal proceedings against members of scheduled castes and a scheduled tribes amounts to an offence under the Act? [SECTION 3 (1) (viii)] A recent research has revealed that only 60 percent of SCs IAS, PCS, doctors and other Officers were aware about this provision. 2It may also be interesting to know that NO case seems to have been filed under this section so far by the SCs or STs.Do you know that giving any false or frivolous information to any public servant and thereby causing such public servant to use his lawful power to the injury or annoyance of a member of scheduled castes and a scheduled tribes amount to an offence under the Act? [SECTION 3 (1) (ix)] A recent research has revealed that only 53 percent of SCs IAS, PCS, doctors and other Officers were aware about this section. 2.Do you know that intentionally insulting or intimidating with intent to humiliate a member of a scheduled caste or a scheduled tribe in any place of public view is punishable under the Act? [SECTION 3 (1) (x)].Do you know that whoever, being a public servant but not being a member of a scheduled caste or a scheduled tribe, willfully neglects his/her duties required to be performed by him/her under this Act is also liable to be severely punished? [SECTION 4] .You may have by now judged your own awareness about the above provisions in the Act. Unfortunately, these provisions have remained on paper because of ignorance on the part of SCs and STs persons. It is shocking to know that no case has ever been filed under SECTION 3 (1) (viii) and (ix) in the country. However, enlightened and educated SCs and STs employees can show the way to their poor brothers and sisters by taking advantage of the protections available under the Act. Let us now discuss the above FOUR of the Act one by one to know how an SC or ST employee can benefit from them in the event of 'atrocity' committed upon him/her:

It is pertinent to note that despite Complaint is filed by chiranjeevi against Sri Panduranga Garg JRCS Chamarajpet Bangalore Phone :9740966644 a Public Servant for Instituting false, malicious or vexatious legal proceedings no FIR is booked at VV Puram Police Station Bangalore as JRCS allegedly taking huge bribe money has instituted false, malicious or vexatious legal proceedings without following court proceduresconverting a letter of complaint into a court case without any court procedures on Ravi Kumar and Lingaraju SC ST persons in span of of just 30 just days by Instituting false, malicious or vexatious legal proceedings Section 3(1)(p) of the Act is an atrocity on SC ST Persons and other sections of atrocity Act and IPC sections. Whereas same Sri Panduranga Garg JRCS Chamarajpet Bangalore has not taken any decision by taking huge bribe in an official case filed by Kullayappa in JRB/DISPUTE/29(c) /07/2013 -14 and despite offence is proved he has not filed FIR against all alleged culprits in respect of misappropriation and causing loss to public money from the year 1992 and 1994by then president Sri Narayana (bais) and Sri Manikayam as Vice President and Sri Narsimha as Treasurer and others directors of SC ST Workers Co-operative Society Ltd Bangalore to a tune ofRs 7 64 342/- and more inthe case filed in JRCS courtby Kullayappa in JRB/DISPUTE/29(c) /07/2013 -14 and whereas in caseRavi Kumar and Lingaraju SC ST persons he converts a false letterof allegations without any affidavit into a case and without authority of law based on that orders section 65 Enquiry despite no bank has complained JRCS about non payments of any loans and based on false letter he cannot order any enquiry on them where as he himself has given clean chit to SC ST Workers Co-operative Society Ltd Bangalore under presidentship of Mr Ravi on 22-07-2016 .

Protection From Atrocities By False Litigation: CLAUSE 3 OF THE ACT READS AS UNDER: Punishment for offences of atrocities- (1) Whoever, not being a member of a scheduled castes or a scheduled tribes-(viii) Institute false, malicious or vexatious suit or criminal or other legal proceedings against a members of a scheduled castes or a scheduled tribes;(ix) Gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a members of a scheduled castes or a scheduled tribes;(x) Intentionally insults or intimidates with intent to humiliate a members of a scheduled castes or a scheduled tribes in any place of public view;Shall be punishable with imprisonment for a term, which shall not be less than 6 (six) months but which may extend to 5 (five) years and with fine. CLAUSE 4 OF THE ACT READS AS UNDER: 'Whoever, being a public servant but not being a member of a scheduled caste or a scheduled tribe, wilfully neglects his duties required to be performed by him under this Act'-Shall be punishable with imprisonment for a term which shall not be less than 6 (six) months but which may extend to 1 (one) year.

It is pertinent to note that "the offences of atrocities against members of SCs and STs, under Chapter II of the PoA Act many after amendment .Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine. -viii. Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribeix. gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribex. intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public viewvii. being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence. Imposes or threatens a social or economic boycott of any person or a family or a group belonging to a Scheduled Caste or a Scheduled Tribe.

Filing of the First Information Report (FIR) is of paramount importance as the process of justice begins with registration of an offence with the police station. The procedure for filing FIR has been given under Section 154 of Code of Criminal Procedure, 1973.  The Constitution Bench of Supreme Court of India in its judgment dated 12.11.2013, in the W.P. (Criminal) No. 68 of 2008{Lalita Kumari Vs Govt. of Uttar Pradesh and Ors.} has, inter-alia, held that, "Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation”. The offences under the PoA Act are cognizable. As such the affected person must file an First Information Report (FIR) in the Police Station of the area as per relevant provisions under Chapter II of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities){PoA} Act, 1989, as amended by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) (Amendment) Act, 2015(No. 1 of 2016). Presumption to the offences has been added to the act, i.e., If the accused was acquainted with the victim or his family, the court will presume that the accused was aware of the caste or tribal identity of the victim.

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious. Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious.The following new offences have been added to the list of atrocities:Tonsuring of head, moustache, or similar acts which are derogatory to the dignity of members of SCs & STs.Garlanding with Chappals.Denying access to irrigation facilities or forest rights.Dispose or carry human or animal carcasses, or to dig graves, using or permitting manual scavenging.Dedicating a SC/ST woman as Devadasi.Abusing in caste name, perpetrating witchcraft atrocities.Imposing social or economic boycott.Preventing SC/ST candidates from filing of nomination to contest elections.Hurting a SC/ST woman by removing her garments.Forcing a member of SC/ST to leave house , village or residence.Defiling objects sacred to members SCs/STs.Touching or using words, acts or gestures of a sexual nature against members of SCs/STs

Check List :Remember, you have to prove the following beyond doubt:- -That the complainant is SC or ST. -That the accused is non-SC or ST. -That the accused had prior knowledge of the caste of the victim and the accused harassed the victim primarily because of caste prejudice and not because of other factors such as administrative /political rivalry, quarrel, revenge, enmity, or insubordination. -That the complain / allegation relates to the period after the enactment of the Act (i.e. after 30.01.1990). -That the disciplinary proceeding such as charge sheet, enquiry, dismissal / removal / termination of service, criminal case, corruption case, civil suit etc. is a legal proceeding. Attach photocopy of service rules Act. That the prosecution / litigation / legal proceeding was false, malicious and vexatious. You have to produce documentary evidence for the same. -That the cause of action arises when and whereBe sure about the place / location / jurisdiction where a complain is to be filled. -The accused intentionally humiliated or intimidated the victim and the humiliation was in public view. -That the non-SC public servants willfully neglected their duties which was required to be performed by them under the Act. -File complaint / FIR only under provisions of SC and ST Act, 1989 and do not add other provisions from IPC or the Protection of Civil Rights Act, 1955 (popularly known as untouchability Act) or any other Act. -If you have made a complaint against the accused in the past alleging caste prejudice, the same be annexed with the complaint / FIR. Have at least two genuine witnesses in your support and make good documentation of instance of atrocity. -Delay in lodging FIR / complaint is generally fatal to the prosecution. Delay needs to be suitable justified /explained. -Simultaneously file your claim with District Magistrate for Legal / financial assistance during investigation. And finally, do not file a complaint / FIR if the above criteria are not fully met.