Atrocity Act being misused, Kindly sugget solution
Rajneesh Madhok
(Querist) 05 September 2009
This query is : Resolved
Atrocities Act being misused in Phagwara, Punjab
Post Master urged the NGOs to intitiate a compaign
The Scheduled Castes and Scheduled tribes (prevention of atrocities act, 1989, commonly known as the SC/ST atrocity act, has become a tool in the hands of an official of Post office to settle score with adversaries detected on checking the daily accounts of Sos under Phagwara on 18th Nov 2008. As per the statement of Postmaster Phagwara Mr. Baldev Raj Arora he detected the anamolies in the funds and complained to the authorities regarding the anamolies. What reward he got with performing his duty, the complaints of atrocities made against him /the said Post Master Mr. Baldev Raj Arora by Mr. Santosh Kumar Sub Post Master Bilga SO In account with Phagwara Head Post Office and his father Mr. Kaila of V&PO Samrai. While disclosing the tale he says though the complaint made against him under Atrocities act has been withdrawn by the complainant even though the officials of the department are presurrizing him to go to the concerned parties and apologize them and after furnishing the written apology take the compromise letter from the concerned persons and submit it. As Post master is going to retire on 30th September. The concerned officials of the department are pressurizing him that if you failed to submit the compromise letter then your pension and all the related documents will not get proper attention. He says that the misuse of the act has been made against me. Mr. Baldev Raj Arora Post Master, Phagwra has urged the NGOs to intitiate a compaign in this regard and he should be saved from misuse of Atrocity Act.
He says that this is a matter of great concern as the misuse of SC and ST atrocities Act has been made. The false case has been filed against me. He appeals to the Central and State Government for speedy investigation of SC and ST atrocity cases and unnecessary harassment and mental torture to the concerned officials should be avoided.
The Govt should invite suggestions from all states and make this act more stringent and the case be registered after proper investigation in the matter. Hon’ble Union Minister for Social Justice Meira Kumar is being requested to kindly look in the matter of this law and the misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Protection of Civil Rights Act should be avoided.
Hon’ble Madam is being requested that there are some shortcomings in the act so the act should be amended in consultation with the Nation Commision for Scheduled castes.
Our goal is to make India Atrocities-free and Untouchability-free. This can be achieved with the help of all the concerned friends, bureaucrats and the ministers.
STATEMENT OF POSTMASTER PHAGWARA
1. From Postmaster,
Phagwara.
To
The Senior Superintendent of Post Offices,
Kapurthala-144601
No: PM/Con/I/08-09 dated at Phagwara. The 20/11/08
SUB: IRREGULAR RECEIPT OF RS 5,00,000/- FROM PARTABPURA, SO BY SHRI SANTOSH KUMAR SPM BILGA ON 14/11/08.
Sir,
When I checked the daily accounts of SO under Phagwara on 18/`11/08. It was noticed that a sum of Rs. 5,00,000/- (Rs. Five Lac only) has been received by Shri Santosh Kumar SPM Bilga from Partabpura Sub Office on 14/11/09. I immediately made a phone call to Shri ------SPM Bilga asked him at least he should have intimated me regarding transactions at your own accord without intimation to Phagwara H.O. You might have remembered that the department has issued instructions circulated regarding security and remittance of cash from one Post office to another within limit etc. on this he became irritated and disconnected the phone.
Thereafter some reliable source informed me that this SPM Bilga has said that he will frame me in a false case in atrocity act against SC/ST. I have only asked the said official about his irregular transactions in th
Guest
(Expert) 06 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.com,
e.mail.nandkumarbs@sify.com
REGARDING THE ATROCITY ACT AND PROVISIONS KINDLY NOTE THAT.
1.THE INTENTION BEHIND THE PASSING OF SAID ACT WAS VERY GOOD AND WAS TO PROTECT THE POOR AND UNPREVILEGED BACKWARD CLASS AND IMPROVE THEIR STANDARD OF LIVING TO BRING EQUALITY FOR ALL.
2.BUT KINDLY NOTE THAT IN GENUINE CASES THE GUILTY MUST BE PUNISHED THERE ARE LAW PROVISIONS AND UNDER THE PROVISIONS OF SAID ACT IN CASE THE COMPLAINT IS FILED THEN INVESTIGATION IS MADE UNDER THE SUPERVISION AND DIRECTIONS OF DIST.SUPDT OF POLICE OR DY.S.P. AND SUCH CASES ARE TRIED BY THE DIST AND SESSIONS COURT HAVING THE AREA JURISDICTION.
3.BUT IT IS A FACT THAT JUST LIKE OTHER LAW PROVISIONS ,EVEN LAW PROVISIONS OF THIS ACT ARE ALSO MISUSED BY SOME PEOPLE TO HARASS SOME INNOCENT PERSONS.
4.KINDLY NOTE THAT AS THE CASE IS TRIABLE BY DIST AND SESSIONS COURT AND EVERY ALLEGATIONS ARE TO BE PROVED ON THE BASIS OF WITNESS EVIDENCE,THE CONCERNED PERSON WHO IS ACCUSED AND THINKS THAT HE IS INNOCENT AND IS FALSELY INVOLVED IN SAID CAN DEFEND THE CASE SERIOUSLY BY SUBMITING HIS OWN DEFENCE WITNESSES IN THE COURT.
5.ALTERNATIVELY IN CASE ANY INNOCENT PERSON IS CHARGED UNDER THE SAID PROVISIONS THEN HE MAY APPROACH HIGH COURT UNDER PROVISIONS OF SEC.482 FOR QUASHING THE SAID FALSE COMPLAINT AND MENTION ALL GROUNDS IN SUPPORT OF HIS APPLICATION.HE WILL SUCCEED.
IN CASE ANY HELP IS REQUIRED ,KINDLY SEND DETAILS OR PLEASE CALL .
WITH BEST REGARDS TO YOU ,YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Rajneesh Madhok
(Querist) 06 September 2009
Dear Mr. Sawant,
Thanks for your informative matter regarding Atrocities Act.
1. Yea the Atrocities Act has been formed to bring equality for all. Yeah in Eastern part of the country there are unprivileged backward class but in Northern, western and Southern part of the country there are very few unprivileged and poor people. No doubt it is a good and every one should be having the right of equality.
2. This is a great tragedy that the department officials make inquiries in this regard whereas it is in the jurisdiction of Dist and Sessions court and the investigating officer in such cases are Supdtt. Of Police or Dy. Superintendent of Police. But it is altogether the highhandedness with the person who has become the victim.
3. It is a matter of great concern that this act is being misused to harass the innocent persons.
4. When this case is triable in the court and the investigation can be made by the investigating authorities of the police department and the allegations are to be proved on the basis of witness evidence then it is really a matter of great concern that the department officials are unnecessarily harassing him.
5. I am really thankful to you that you have suggested that the victim has the option to approach to the Hon’ble High court for quashing of the said false complaint.
On 30th Sep Post Master is going to retire. So, whenever the suggestions, guidance on the matter will be required we shall send all the details of the case.
With best regards,
Rajneesh Madhok
Adinath@Avinash Patil
(Expert) 06 September 2009
I tnink Mr.Savant has cleared all doubts of Mr.Rajneesh.riven
Rajneesh Madhok
(Querist) 07 September 2009
Dear Mr. Subramanian,
Thanks for adding your personal experience. Now a days the misuse of Atrocities Act is being made at large scale to settle their scores. Dear Mr. Sawant has nicely given the solution to this problem. But dear the law no doubt specifies that whenever anybody calls someone on caste based derogatory words, the presence of other community person as witness is necessary. In India it does not take much time to arrange witness. The only solution is that as Mr. Sawant Suggested to get justice. The only solution to it is that the victim should produce his defence to prove his innocence.
Why this act is being misutilised. Though the purpose of making this law was with good intention. The lesser privileged are not getting benefit with this law but the affluent persons by misusing this law has made the mockery of this law. Really no doubt the examples of misutization of Domestic Violence Act and 498A are being noticed in the society. The poor and deprived people don’t get justice in Police Stations but the well off people are mistilizing the above mentioned acts to settle their scores.
riven
Rajneesh Madhok
(Querist) 09 September 2009
I am thankful to Mr. NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.com,
e.mail.nandkumarbs@sify.com for the valuable solution to the problem.
Regards,
Rajneesh madhokriven
J. P. Shah
(Expert) 03 October 2010
I am told by a friend that now it is necessary to have two witnesses of incident not belonging to sc/st caste and that Rs.25000/- is required to be deposited by complainant with govt before police takes cognizance.Please comment.
