The Hindu : SC rejects Minister's plea against Nayanar

Online edition of India's National Newspaper
Saturday, Feb 28, 2004

Kerala

Kerala

SC rejects Minister's plea against Nayanar

By J. Venkatesan

NEW DELHI, FEB. 27. The Supreme Court has upheld a judgment of the Karala High Court rejecting a petition filed by the Kerala Minister, M.A. Kuttappan, for proceeding against the former Chief Minister, E.K. Nayanar, under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act and Protection of Civil Rights Act.

A Bench of Justice N. Santosh Hegde and Justice B.P. Singh dismissed a special leave petition filed by Mr. Kuttappan, Minister for SC/ST Welfare, on Thursday challenging the High Court decision. The Bench, however, said that it would be open to him, if so advised, to file a complaint before a competent Magistrate, who shall consider the same on its merits and then proceed in accordance with law.

Mr. Kuttappan filed a complaint before a Special Judge, Thalassery, for initiating proceedings against Mr. Nayanar alleging that he had committed an offence by calling him a Harijan while addressing a meeting in September 1996. The special judge took cognisance of the complaint and on appeal by Mr. Nayanar, the High Court quashed the order. The SLP was directed against the impugned judgment. Rejecting the SLP, the Bench said the special judge had no jurisdiction to entertain the complaint directly and to issue process without the case being committed to it by a competent Magistrate. "We are satisfied that the impugned order of the special judge deserves to be set aside so far as it related to its taking cognisance of an offence under the SC/ST Act" directly made before it by the complainant. The Bench also said that the High Court was right in coming to the conclusion that Section 7 (1) of PCR Act was not attracted in the facts and circumstances of this case.

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