CHENNAI: The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, which was a beneficial legislation intended to safeguard the interests of the downtrodden communities, was being misused, said the Madras High Court.
Justice M Dhandapani made the observation while allowing a petition filed by Varun Kumar, the then DIG of Tiruchy, DSP Yasmin (ACP, CCB Vepery), and SSI Kavitha of Jambunathapura station seeking to quash the order against them issued by the State Human Rights Commission.
According to court documents, an advocate named Thamizhselvan approached SSI Kavitha for registering an FIR against one Kannan over a property dispute. When she refused, he approached ACP Yasmin, who also refused to register the FIR. He then approached DIG Varun Kumar, alleging that the two officials humiliated him using his caste name.
Later, Thamizhselvan filed complaints with the SHRC and the Tamil Nadu SC/ST Commission seeking action against the officers. Based on his complaint, the SHRC had issued directions for disciplinary action and imposed costs on the officers.
Challenging this, the DIG, ACP, and SSI moved the High Court. During the hearing before Justice Dhandapani, their counsel argued that a false criminal case had been foisted against them and that the allegation of caste-based abuse was unfounded. They further contended that the alleged incident occurred within an office and not in public view.
Observing that the commission should have exercised greater caution before entertaining such complaints, the court quashed the proceedings, and granted liberty to the complainant to pursue remedies in accordance with law.
Terming it a “classic case of abuse”, the judge noted that the act was a beneficial legislation intended to safeguard the interests of SC/ST communities and should not be used as a tool against citizens.