HC set aside order to file report against cops under SC/ST Act

CHENNAI: Observing that the Special Court under SC / ST (prevention of atrocities) Act, 1959 has no power to conduct an investigation on a private complaint, the Madras High Court set aside the order of a Principal Sessions Judge, Chennai who has the power to hear the cases under SC/ST Act directing the commissioner of police to file a final report against four city policemen under the SC/ST Act.

Justice N Sathish Kumar passed the direction on allowing the criminal original petition filed by the State represented by Assistant Commissioner of Police, Kilpauk Range, Former Assistant Commissioners Harikumar, Arnold Easter, and SRG Thayal, former inspector to TP Chatram police station.

The petitioners sought direction to set aside the order passed by the Principal Sessions Judge, Chennai, directing a report from the Commissioner of Police relating to the complaint dated May 17, 2019, as just and reasonable for filing a status or final report on the complaint within two months.

The complaint was filed before the Principal Sessions judge by one advocate S Sugumar against the cops alleging that they have unleashed atrocities against him. He alleged that since he leveled several charges against the TP Chatram Police Inspector Thayal and his sub-ordinate one Karthik, ACP ordered the police to file several cases against the Sugumar.

Therefore, Sugumar approached the Principal Sessions Judge or SC/ST Act special court, Chennai for a direction to the police commissioner to file FIR against cops under SC/ST Act.

The special court for SC/ST Act had taken cognisance of the complaint and passed the direction to the commissioner to file a final report within two months.

When the matter came for hearing the judge pointed out that the special court was formed only for speedy trial and it cannot absorb the powers of the magistrate and HC by conducting investigations on private complaints.

“This court is of the view such private complaint the Special Court has no source of power to make enquiry or investigation to the private complaint filed directly other than the power to conduct enquiry relating to the rights of the victim, informant, and witnesses under Section 15-A of SC/ST Act,” the judge ordered and set aside the direction of the special court.