Committal proceedings are not warranted in cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Special Court has the jurisdiction to take cognizance of the offences without the need for committal.

Pareed Pillay, Ag.Cj.

The Crl.M.C. is to quash a complaint filed by the first respondent before the Judicial Magistrate of the First Class, Ottapalam for offence under S.3(l)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the act'). Magistrate took cognizance of the offence. Contention of the petitioner is that the Magistrate ought to have seen that he has no jurisdiction to initiate committal proceedings and hence initiation of the same cannot be sustained.

2. In view of the contention that the Magistrate did not have jurisdiction to take cognizance of the offence under the Act, Thomas J. held that principles laid down by a Division Bench of this Court in Re (1992 (2) KLT 748) require reconsideration. The matter was posted before a Division Bench of this Court and that Court referred the case to be heard by a Full Bench of this Court.

3. The question mat arises for consideration is whether committal proceedings is necessary or not in a case under the Act. In Re (1992 (2) KLT 748) a Division Bench of this Court held that the Sessions Judge as Special Court constituted under the Act can take cognizance of the offences even in a case where offences under the Penal Code are also included without committal proceedings. The learned counsel for the petitioner as well as the learned Additional Director General of Prosecutions contended that the Act does not envisage committal proceedings and as the Act has been enacted for speedy and expeditious trial and disposal of such cases, committal proceedings was never contemplated by the Legislature. It is also contended by them that if committal proceedings is insisted upon, it would cause further delay in the trial and very object of the statute would be defeated. It is their further contention that the committal proceedings would be disadvantageous to the complainant as well as the accused. According to them, as the Act is a self-contained one and as it confers original jurisdiction on the special court and as it does not even hint faintly that committal proceedings is necessary by implication, the matter which was never intended under the statute cannot be incorporated in it.

4. Section 2(g) of the Criminal Procedure Code defines "inquiry". "Inquiry" means every inquiry, other man a trial, conducted under the Code by a Magistrate or Court. Merely on the basis of the definition of inquiry under the Cr.P.C., it would not be possible to hold that the inquiry under the Act has to commence in the Court of the Magistrate. Section 20 r of the Cr.P.C. provides for the procedure by Magistrate not competent to take cognizance of the case. If a complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall, if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; if the complaint is not in writing, direct the complainant to the proper Court. Contention of the petitioner is mat as the complaint was filed before the Magistrate he on being appraised of the fact that he is not competent to take cognizance of the offence should have returned it for presentation to the Court with endorsement to that effect as provided under S.201 Cr.P.C. and he could not have proceeded with the inquiry with a view to committing it to the Sessions Court later. In view of S.20 of the Act, there is considerable force in the above contention.

5. Section 20 has been enacted in the Statute to override all other laws. It reads:

"Save as otherwise provided in this Act, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law." As this section gives the Act over-riding effect and as the Act has been enacted with a view to prevent the commission of offence of atrocities against the members of the Scheduled Cas