JUDGMENT

Vinod S. Bhardwaj J. (Oral)

The present petition raises a challenge to the order dated 18.08.2017 (Annexure P-13) passed by the National Commission for Scheduled Castes, whereby various directions have been issued by the respondent-Commission.

2. Briefly summarized, the grievance espoused by the petitioners is that a false and frivolous case had been registered against them bearing case FIR No.94 dated 24.09.2016 under Sections 420 , 465, 467, 468, 471 and 120-B of the INDIAN PENAL CODE , 1860 at Police Station Shaheed Bhagat Singh Nagar, Ludhiana on an application submitted by one Jaswinder Singh Waraich son of Kailash Singh. It is alleged that the petitioners were granted concession of anticipatory bail by this Court vide order dated 24.10.2016, which was eventually confirmed by this Court subject to be terms and conditions mentioned therein. The counsel for the petitioners has made submissions on merits against the aforesaid complaint and the FIR registered against them. However, the same are not necessary to be adverted to for the purpose of examining the legal question that arises for consideration in the present case. The instant complaint in question was submitted by one Dayal Singh son of Malkit Singh on 23.07.2017 to the Director, National Commission for Scheduled Castes averring that he was a witness in the aforesaid FIR and that the petitioners are threatening him to resile from his evidence failing which, he was likely to be impleaded in some false case. It is further averred that the petitioners have claimed to have their inquiry negotiated with the Addl. Deputy Commissioner of Police and that they shall be declared innocent. He thus represented before the National Commission for Scheduled Castes to close the inquiry and to get the challan presented under its supervision through the police and/or to get the investigation of the case conducted through some external agency. Copy of the aforesaid application dated 23.07.2017 has been appended as Annexure P-10. The National Commission for Scheduled Castes thereafter called for the comments of the concerned officials and vide order dated 18.08.2017 (Annexure P-13) directed as under:

"File No.2-Pb/91/2016

To

The Commissioner of Police,

Ludhiana (Pb)

Sub: Regarding the fifth enquiry started by ADCP 3, Ludhiana Police, Ludhiana when the enquiries done by three PPS and one IPC Officer in the same case.

Sir,

I am to forward herewith copy of the letter NO.2996/CB-2, Crime dated 18.08.2017 on the above subject and to say that action as per the recommendation made in the enquiry conducted by AIG, Commission, Punjab Police, Chandigarh to put the challan for trial to the Court of competent jurisdiction may be taken. It is also worth mentioning here that as per the advice of Legal Department of the Crime Wing of Punjab Police Headquarters no further enquiry be conducted and the challan be presented to Court of competent jurisdiction for trial. Therefore, it is also advised that no further enquiry be conducted in this matter.

Action taken report be sent to this office within 15 days of the receipt of this letter."

(Emphasis supplied)

3. Alleging that the aforesaid direction was beyond the powers conferred upon the National Commission for Scheduled Castes by the constitution of India, the present petition has been filed by the petitioners.

4. Upon notice, reply by the respondents has been filed wherein the averments contained in the complaint as well as the FIR were reiterated. The proceedings of the National Commission for Scheduled Castes were also sought to be justified and were claimed to be within the powers conferred upon it.

5. Learned counsel for the petitioners contends that Article 338 of the Constitution of India deals with the powers and functions of the National Commission for Scheduled Castes. The said powers only confer a recommendatory power with the National Commission for Scheduled Castes for protection and safeguarding the interests and members of the Scheduled Ca