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1996 Supreme(Guj) 585

K.J.VAIDYA
N. T. DESAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.J.DESAI, R.C.Jani

K. J. VAIDYA, J.

( 1 ) RULE. Mr. A. J. Desai, learned A. P. P. appearing for the respondent-State waives service of the Rule. Heard learned Advocates appearing for the respective parties. Having regard to the facts and circumstances of the case, this matter is heard and decided today.

( 2 ) THE facts-situation depicted in this case if true, prima facie brings on surface how unfortunate indeed even quite well-intended and much more needed ideal social welfare piece of legislation like the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 can be quite conveniently and unscrupulously abused to wreck the personal vengeance of an individual against another individual and that too on the holy anvil of Court with a weapon of the abuse of judicial process and thereby not only humiliating and pressurising the innocent citizen, but incidentally and ironically enough also placing the crusading champions and protagonists of the down-trodden and crushed members of S. C. and S. T. s in most precarious, embarrassing and demoralising situation, who indeed and undoubtedly still needs much more further legal and moral support in their just and enervating struggle for existenc











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