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2021 Supreme(Del) 359
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Delhi Subordinate Service Selection Board - Appellant
Versus
Dr Satya Prakash Gautam & Anr. - Respondents
W.P.(Crl.) No. 667 of 2021 & Crl.M.A. No. 4883 of 2021
Decided on : 14-06-2021
For the Appellant :Ms.Avnish Ahlawat, Ms.Tania Ahlawat, Mr.N.K.Singh, Mr.Naresh Kaushik & Ms.Palak Rohmetra, Advocates.
For the Respondent: Mr.R.S.Kundu, ASC for R-2..
Point of Law: Dismissal of petition to quash Criminal proceedings - Derogatory and insulting question against SC/ST Community - invocation of Section 197 of the Cr.P.C. 1973 would apparently be considered only after the investigation is completed by the Investigating Agency as to who are the persons involved in the commission of the offences.
Headnote:
Criminal Procedure Code, 1973 - Section 156(3) - Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 - SC/ST (POA) Rules 1995 - Rule 5 -Delhi Subordinate Services Selection Board - Registration of FIR and Investigation - Cognizance of offence - Challenged - Candidates appearing in the exam for the post of Primary Teacher/Medical Social Worker to give the gender of the word Chamar and Bhangi - Derogatory and insulting question - Whether complainant does not fall within the definition of the term ‘victim’ in terms of Section 2(ec) of Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court: whether the DSSSB was aware or not of the contents of the question papers set is a matter which can be ascertained only through investigation -The aspect of invocation of Section 197 of the Cr.P.C. 1973 would apparently be considered only after the investigation is completed by the Investigating Agency as to who are the persons involved in the commission of the offences - petitioner that it leaves the questions to the wisdom of the paper setters for such important exams as it conducts for selection of persons for public service and leaves the question set wholly to the domain and expertise of the paper setters prima facie does not appeal to a prudent person and if a fact, the same can only be determined on investigation conducted qua which thus the investigation needs to be conducted - contention that the petitioner does not fall within the ambit of Section 2(ec) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. 1989, in as much as the complainant falls within the ambit of the definition of Schedule Castes/Schedule Tribes, it cannot presently be said that there was no mental or emotional harm caused to him by reading the newspaper reports in relation to the question papers set with prima facie casteist remarks which question papers were put forth in public domain by an instrumentality of the State.
Result: Petition dismissed
JUDGMENT :
ANU MALHOTRA, J.
1. The petitioner, the Delhi Subordinate Services Selection Board (hereinafter referred to as “DSSSB”), vide the present petition seeks the setting aside of the common order dated 17.2.2021 of the learned Additional Sessions Judge-02, Special Court SC/ST (POA) Act, 1989, Shahdara, Karkardooma in Complaint Case No. 13/2018 and Complaint Case No. 16/2019.
2. Vide the impugned order the applications under Section 156(3) Cr.P.C., 1973 of the complainant, i.e., the respondent No.1 arrayed to the present petition, Dr. Satya Prakash Gautam, were allowed and an FIR was directed to be registered against the offenders for the offences committed under the provisions of the Atrocities Act (an apparent reference to the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 and an investigation was directed to be conducted by the Officer empowered under the Act with monthly report to be filed before the Court in view of the Guidelines of the verdict of the Hon’ble Supreme Court in Sakiri Vasu vs. State of UP; (2008) 2 SCC 409 with copy of the said order being sent to the DCP concerned for compliance.
3. Vide the observations in paragraph 10 of the said order it had been observed to the effect:
“10. The matter is still at pre-cognizance stage and the Board as such has no locus standi to appear or argue. I observe that the question with caste abusive word was set-up in paper by Paper Setter not only once i.e. on 13.10.2018 but again the very next year i.e., in Paper dated 18.08.2019. Prima facie the alleged words in questions papers of 2018 & 2019 as pointed out by complainant disclose commission of various cognizable offences committed by the respondent/DSSSB and an investigation is required into these.”
4. In terms of order dated 6.4.2021 vide which it was considered essential that the trial Court record be requisitioned, the trial Court record has since been received vide a letter dated 17.4.2021 of the Trial Court.
5. Complaint Case No. 13/18 filed by the complainant, i.e., the respondent herein, before the Special Court for the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 was instituted against the petitioner herein, i.e., the DSSSB, through its Chairman and other unknown persons under Section 190(1)(a) of the Cr.P.C., 1973, read with Section 14 of the SC/ST (POA) Act, 1989 read with Rule 5 of the SC/ST (POA) Rules 1995, submitting to the effect that the complainant thereof being a member of the Scheduled Caste community in his written complaint on 15.10.2018 had drawn the attention of the SHO, Police Station Anand Vihar, DCP East and Shahdara, Lt. Governor, National Commission for Scheduled Castes, Commissioner of Police, Delhi towards the question asked by the DSSSB, i.e., the petitioner herein in the Primary Teacher Examination MKG-XII/TECHPRT-II/IT/01 held on 13.10.2018 wherein a question in IV-Hindi Language and Comprehension was asked about gender of one caste of a schedule caste (Chamar). The question was if:
^^iafM+r% iafM+rkbu] pekj------\
and the options were
(A) pekjku (B) pekfjZu (C) pekjh (D) pehj
6. It was further stated in the complaint that when the complainant read the newspaper at his chamber he was shocked on reading the same and got a copy of the question paper from the social media and saw the objectionable question which has sent a shock wave in the community. The complainant submits that he could not express his injuries in words which are humiliating for the entire community.
7. Inter alia, the complainant of the Complaint Case No. 13/18 i.e., the respondent No.1 arrayed to the present petition submitted that the DSSSB caused immense damage to the entire Scheduled Caste community specially the females of the Chamar community with a view to denigrate the prestige and honour of females of the Schedule Caste by asking such an objectionable question.
