O R D E R

This Writ Petition has been filed to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned order in Na.Ka.No.C4/3151-1/2021 dated 15.12.2021, on the file of the Respondent No.1 and to quash the same as illegal and consequently direct Respondent No-1 to appoint Advocate Mr.Chinnaraja B.A.B.L., (Enrl No.418/1980), in S.C No.146 of 2018 on the file of the learned III Additional District Judge, (PCR), Madurai, as per rule 4(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rule, 1995.

2.The case of the petitioner is that his elder son viz., Sabareeshwaran, while he was working as a tractor driver, was murdered by one Gunabalan and other accused on 31.07.2018. On the complaint lodged by the petitioner, the third respondent registered a case in Crime No.174 of 2018 under Sections 147, 148, 341, 302 IPC and Sections 3(2) (v) of SC/ST (POA) Act against Gunabalan and seven others. Thereafter, the second respondent proceeded with the investigation and filed a final report and same has been taken cognizance as S.C.No.146 of 2018, on the file of III Additional District Court (PCR), Madurai District and it is pending for trial. While being so, the petitioner wish to conduct his case by appointing an Advocate on his own, as per the provision under Rule 5(4) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)

Rule, 1995.

Rule 5(4): Notwithstanding anything contained in sub-rule (1) the District Magistrate or the Sub-Divisional Magistrate may, if deem necessary, or if so desired by the victims of atrocity engage an eminent Senior Advocate for conducting cases in the Special Courts on such payment of fee as he may consider appropriate.

Accordingly, the petitioner submitted so many representations before the first respondent to appoint one Mr.Chinnaraja, Advocate as Special Public Prosecutor. However, the impugned order dated 13.12.2021, the first respondent appointed one Azhagan and Chandran as Special Public Prosecutor for the III Additional District Special Court of SC/ST (POA) Act, vide G.O.No.1028 dated 20.09.2021. The order of this Court repeatedly held that the victims of atrocity engage an eminent Senior Advocate for conducting cases in the Special Court, as per Rule 4(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rule, 1995.

3.Further held that it is to be kept in mind, that the Act is a special statute enacted to provide relief to the victims of atrocity in the matter of trial of offences covered by the Act and Rule 4(5) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rule, 1995, confers a right upon victim of atrocity to have his case conducted by an Advocate of his choice so as to ensure that he has faith in the trial.

4.However, without considering the above, the first respondent passed an impugned order and it cannot be sustained and it is liable to be set aside.

5.Accordingly, this Writ Petition is allowed and the impugned order in Na.Ka.No.C4/3151-1/2021 dated 15.12.2021 on the file of the Respondent No.1 is set aside. The first respondent is directed to appoint Mr.Chinnaraja., B.A., BL(Enrl.No.418/1980) as Special Public Prosecutor in S.C.No.146 of 2018, on the file of III Additional District Special Court of SC/ST (POA) Act, Madurai. The trial Court is directed to complete the trial within six months, from the appointment of Special Public Prosecutor.

6.Consequently, connected miscellaneous petition is closed.

09.03.2022 Internet : Yes Index : Yes/No PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1.The III Additional District Special Court of SC/ST (POA) Act Maurai.

2. The District Collector, Collectorate, Madurai-625 020.

3.The Deputy Superintendent of Police, Melur Taluk, Madurai Dist