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N.DHINAKAR
E. K. Nayanar – Appellant
Versus
M. A Kuttappan – Respondent


Advocates:
IMPORTANT POINT
Under section 3(i)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act insult can be caused to the person insulted only if he is present in view of the expression in any place within public view.

JUDGMENT

N. Dhinakar, J. - Petitioner is the sole accused in Crl. M.P. No. 1355 of 1996 pending on the file of the Special Judge for the trial of offences for the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 for short, Act 33/1989. The proceedings before the Special Judge came to be initiated on a complaint filed by the 1st respondent and the learned Special Judge by his order dated 14-10-1996 took cognizance foe the offence under section 3(i)(x) of Act 33/1989 and also for an offence under section 7(l)(d) of the Protection of Civil Rights Act. 1955. A true copy of the said order is seen filed as Annexure-A to this Crl. M.C.

2. The proceedings came to be initiated as stated above against the petitioner, on an allegation that while the petitioner was contesting the byelection to the Kerala Legislative Assembly from the Thalassery Assembly Constituency a convention of the Left Democratic Front was convened on 209-1996 in the evening at the Town Bank Auditorium. Thalassery, as part of the election programs and that during the course of the speech by the petitioner he made the following remark:

(matter in other language)

A free translation of the said Mal

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