Supreme Court Decision on SC-ST Act

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Supreme Court Decision on SC-ST Act

Supreme Court Decision on SC-ST Act: Administrative Enquiry Report Required for Neglect of Duty by Public Servants

On June 14, 2024, the Supreme Court of India delivered a pivotal ruling in the case of The State of GNCT of Delhi and Others vs. Praveen Kumar & Prashant (Criminal Appeal No. 349 of 2021), addressing procedural requirements under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case Background

The case apex court from a complaint by Praveen Kumar, an international horse-riding champion, who reported verbal abuse, humiliation, and threats, including acid attack threats, by individuals from influential families. Despite numerous attempts to lodge his complaint with the police, including emails, written complaints, and tweets to the Prime Minister’s Office, Kumar’s grievances were ignored. His application under Section 156(3) of the Code of Criminal Procedure (CrPC) to the Magistrate was also dismissed.

Legal Issues

The main legal question was whether proceedings could be initiated against the Station House Officer (SHO) of Police Station Fatehpur Beri for neglect of duty under Section 4 of the SC/ST Act without an administrative enquiry report. Section 4, amended by the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, outlines the responsibilities of public servants and penalties for wilful neglect.

Court’s Decision

The Supreme Court emphasized that an administrative enquiry report is essential before taking cognizance of an offence against a public servant under Section 4 of the SC/ST Act. The Court clarified that the proviso to Section 4(2) serves as a safeguard, ensuring that penal proceedings are not initiated without a comprehensive administrative enquiry.

Key Observations

1. Administrative Enquiry Requirement: The Court underscored that a public servant’s failure to perform duties becomes a cognizable offence only based on an administrative enquiry’s recommendation. This step is crucial to determine whether the neglect was intentional or bona fide.

1. Role of the Magistrate: It was noted that a Magistrate must consider the administrative enquiry report before taking cognizance of an offence under Section 4 of the SC/ST Act. Without such a report, the Court cannot proceed.

1. Natural Justice: The judgment highlighted the principles of natural justice, emphasizing that the public servant’s perspective on the alleged dereliction of duty must be examined before initiating proceedings.

Significant Quotes from the Judgment

- “The commission or omission of any of the duties by the public servant becomes a cognizable offence against the public servant only on the recommendation of the administrative enquiry.”