Every SC/ST criticism should result in registration of FIR with none preliminary inquiry, orders Madras High Court

In a major verdict, the Madras High Court has held the police can’t conduct preliminary inquiry on receipt of complaints disclosing cognisable offences below the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 and that the legislation implementing company ought to straightaway register First Information Reports (FIRs) towards the suspects.

Justice P. Velmiurugan highlighted that Section 18A(1)(a), launched by the use of an modification in 2018, of the Act categorically states that no preliminary inquiry could be required for registration of FIR towards any individual. “The legislative intent is to make sure fast and unfiltered registration of complaints alleging caste primarily based atrocities, with out procedural obstructions or administrative discretion,” he stated.

The choose agreed with advocate R. Thirumoorthy that the police typically don’t comply with the authorized mandate. Therefore, he directed the Director General of Police/Head of Police Force (DGP/HoPF) to speak a duplicate of his order to all Commissioners in addition to Superintendents of Police within the State with a view to keep away from infraction of the authorized requirement so far as SC/ST instances had been involved.

The choose stated, in a number of instances, he had been coming throughout situations of preliminary inquiries being performed in SC/ST instances and such inquiries being performed by officers beneath the rank of Deputy Superintendent of Police (DSP) although Rule 7(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, mandates investigation in SC/ST instances to be performed by law enforcement officials not beneath the rank of DSP.

Stating procedural lapses shouldn’t recur sooner or later, the choose made it clear investigation in SC/ST instances should be accomplished and last reviews/cost sheets should be filed earlier than the particular courts inside 60 days, from the date of registration of FIR, as mandated below Rule 7(2) of the 1994 Rules. He insisted upon time sure submitting of ultimate reviews in all instances booked below the SC/ST Act.

Justice Velmurugan additionally ordered that judicial magistrates couldn’t take cognisance of personal complaints searching for a course to the police to register FIRs below the SC/ST Act and that such complaints should be forwarded to the particular courts constituted below Section 14 of the Act. He identified that the judicial magistrates lacked the jurisdiction to take cognisance of such personal complaints.

The orders had been handed on a petition filed by Muniraj, a disabled individual belonging to a Scheduled Caste. He had filed a personal criticism earlier than a judicial Justice of the Peace in Krishnagiri district and obtained a course to the Hosur Town police in August 2024 to inquire into his criticism towards just a few people who had been reportedly trying to usurp his immovable property and had additionally abused him utilizing caste slurs.

He had approached the High Court accusing the Hosur Town Police Station Inspector of not having inquired into his criticism correctly regardless of a judicial course. However, after holding that the course issued by the judicial Justice of the Peace was not legitimate within the eye of legislation, Justice Velmurugan directed the Krishnagiri Superintendent of Police to make sure that a FIR was registered primarily based on the petitioner’s criticism.

The choose additionally stated, the Superintendent of Police may conduct the investigation both by himself or entrust it to an officer not beneath the rank of DSP who, in flip, should file a last report inside 60 days.