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VINOD S. BHARDWAJ
Kamaljit Singh Sidhu – Appellant
Versus
State of Punjab – Respondent
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
The National Commission for Scheduled Castes and Scheduled Tribes lacks jurisdiction to investigate individual caste status claims, which violates natural justice principles.
The power to direct re-investigation is vested only with the Superior Courts, and the National Commission for Scheduled Castes does not have the jurisdiction to direct re-investigation.
The main legal point established in the judgment is that the National Commission for Scheduled Tribes exceeded its jurisdiction and acted as an adjudicatory authority, which was beyond its powers. Th....
State Commission lacks adjudicatory authority; it cannot determine caste or tribe status of individuals or demand caste certificate production.
The National Commission for Scheduled Castes has the constitutional duty to investigate and monitor matters relating to the safeguards provided for Scheduled Castes and to inquire into specific compl....
The Civil Rights Enforcement Cell lacks jurisdiction to initiate investigations without a prior referral from the District Caste Verification Committee, rendering such actions null and void.
Point of law: It emanates from the scheme of the NIA Act that the scheduled offence is one enumerated in the schedule appended to the NIA Act. Thus, any further declaration in this regard by the Cent....
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