JUDGMENT :

Rajan Roy, J.

1. Heard.

2. The petitioner has sought following reliefs in this petition filed under Article 226 of the Constitution of India :

"(i) Issue a writ order or direction declaring the Section 4(2)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and Rule 7(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Rules) 1995, ultra-vires to Part III of the Constitution of India upto the extent they both necessarily directs for filing of 'charge sheet'.

(ii) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.03.2022 (contained as annexure no. 3 to the writ petition), passed by the Exclusive Special Court, Pratapgarh, with all consequential proceedings, or,

(iii) issue a writ, order or direction commanding the opposite parties no. 2 and 3 to delete the Section 376-D and 506 I.P.C. from the FIR No. 100 of 2022 registered at P.S. Maheshganj, District Pratapgarh, under Sections 376-D, 506 IPC and 3(2)(v) & 3(2)(va) of the Act 1989."

3. Vide Relief No. 1, he has sought a declaration that Section 4(2)(e) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (for short 'the Act 1989) and Rule 7(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Rules) 1995 (for short 'the Rules of 1995') be declared ultra vires Part III of the Constitution of India to the extent the said provisions necessarily direct for filing of charge sheet.

4. In order to consider this issue and relief prayed for, we need refer to Section 4 including sub-Section (2)(e) of the Act 1989 which reads as under :

''4. Punishment for neglect of duties.- (1) Whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed by him under this Act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

(2) The duties of public servant referred to in sub-section (1) shall include- (a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant;

(b) to register a complaint or a First Information Report under this Act and other relevant provisions and to register it under appropriate sections of this Act;

(c) to furnish a copy of the information so recorded forthwith to the informant;

(d) to record the statement of the victims or witnesses;

(e) to conduct the investigation and file charge sheet in the Special Court or the Exclusive Special Court within a period of sixty days, and to explain the delay if any, in writing; to correctly prepare, frame and translate any document or electronic record;

(g) to perform any other duty specified in this Act or the rules made thereunder:

Provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry.

(3) The cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the Special Court or the Exclusive Special Court and shall give direction for penal proceedings against such public servant."

Rule 7 of the Rules of 1995 including sub-Rule (2) thereof, vires of which has been challenged, reads as under :

"7. INVESTIGATING OFFICER.-(1) An offence committed under the Act shall be investigated by a police officer not below the rank of a Deputy Superintendent of Police. The investigating officer shall be appointed by the State Government/Director General of Police/Superintendent of Police after taking into account his past experience, sense of ability and justice to perceive the implications of the case and investigate it along with right lines within the shortest possible time.

(2) The investigating officer so appointed under sub-rule (1) shall complete the invest