Court emphasizes the necessity of administrative inquiry before initiating proceedings under SC/ST Act against public officials.
In a significant ruling, the Uttarakhand High Court has quashed an FIR filed against two public servants, underscoring the mandatory requirement of an administrative inquiry before lodging complaints under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The judgment, delivered by Justice Alok Mahra, came in response to a criminal miscellaneous application filed by Bhupendra Singh and another applicant, who sought to quash the order directing the registration of an FIR against them.
The applicants, who held positions as Circle Officer and Station House Officer at the time, were implicated following a complaint by Pramila Devi. She alleged caste-related abuses and physical assault by a third party, Girish Chandra Tiwari, on January 4, 2023. The crux of the issue was the subsequent order by the District and Sessions Judge, Nainital, which directed the police to file an FIR against the public servants under Section 4 of the SC/ST Act.
The High Court found that the lower court had failed to adhere to the statutory requirement outlined in the proviso to Section 4(2) of the SC/ST Act, which necessitates an administrative inquiry before proceeding against a public servant. This provision aims to safeguard public officials from frivolous complaints, ensuring that allegations are substantiated through a preliminary administrative review.
The court referenced the Supreme Court's judgment in the case of State of GNCT of Delhi v. Praveen Kumar @ Prashant, which emphasized the need for an administrative inquiry to determine if a public servant's omission was willful or merely an error of judgment. The absence of such an inquiry, the court noted, renders the directive for filing an FIR legally unsustainable.
Highlighting the procedural lapse, Justice Mahra stated that allowing the proceedings to continue would constitute an abuse of the legal process. Consequently, the court exercised its inherent powers under Section 482 of the Criminal Procedure Code to quash the FIR and related proceedings, thereby securing justice for the applicants.
This ruling serves as a critical reminder of the procedural safeguards enshrined in the SC/ST Act, reaffirming the judiciary's role in protecting individuals from undue legal action without adequate preliminary investigation.
Bottom line:-
Section 4 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 mandates that an FIR against a public servant for dereliction of duty can only be registered upon the recommendation of an administrative inquiry.
Statutory provision(s): Section 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Section 482 of the Criminal Procedure Code, 1973.
Bhupendra Singh v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2925247
