IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Reserved on: April 09, 2025 Pronounced on: July 08, 2025 MS. ALEP PARKASH SINGH -PETITIONER V/S NATIONAL COMMISSION FOR SCHEDULED CASTES AND ORS.

-RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Kamal Sehgal, Advocate with Mr. Charanji Lal, Advocate and Mr. Ravinder Pankaj, Advocate for the petitioner.

Ms./Mrs. Gurmeet Kaur, Advocate for the respondent(s)-U.O.I.

Mr. Pardeep Bajaj, D.A.G., Punjab. Ms. Parusha Shridhar, Advocate for Mr. Rana Gurtej Singh, Advocate for the respondent No.5.

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KULDEEP TIWARI, J.

1. The hereinafter extracted directions, as embodied in the order dated 16.05.2023 drawn by the National Commission for Scheduled Castes (hereinafter referred to as the ‘National Commission’), caused pain to the petitioner and consequently propelled her to institute thereagainst the instant writ petition.

“4. During the proceedings conducted on 16.05.2023, the Commission found that the applicant belongs to Scheduled Caste community and he has levelled allegation of use of caste based remarks and assault against the accused and gave evidence in the matter to the police, which the police has not taken cognizance. Therefore, it is recommended by the Commission that Jalandhar Police Administration take action after registering an FIR under appropriate provisions of the Scheduled Caste and Scheduled Tribe (Atrocities) Act, 1989 and IPC proceed in the matter and action be informed to the Commission.”

2. What emerges from perusal of the record available before this Court is that, before the above directions could be given effect to, this Court stayed the operation thereof by drawing the interim order dated

16.06.2023.

3. Before proceeding to gauge the validity of the impugned directions, it is deemed imperative to initially make a concise and compendious survey of the facts.

FACTUAL MATRIX

4. The petitioner, along with her three sisters, entered into an agreement to sell dated 23.03.2018 with M/s Hamilton Land Developers Pvt. Ltd. (hereinafter referred to as ‘M/s Hamilton’), in respect of their land measuring 37 Kanals 10 Marlas @ ₹ 5.30 crores per acre. An amount of ₹ 5,13,25,000/- was paid to the petitioner and her sisters on the date of execution of the agreement to sell itself. Out of the total land, a sale deed qua 4 Kanals of land, worth ₹ 2,63,25,000/-, was executed in favour of M/s Hamilton on 24.04.2018. Post execution of this sale deed, an amount of ₹ 2.50 crores, out of total sum paid of ₹ 5,13,25,000/-, was retained as earnest money in respect of the remaining tract of land. However, thereafter, M/s Hamilton neither turned up before the Sub Registrar on the last date fixed for execution of sale deed in respect of the remaining tract of land, nor made any payment to the petitioner and her sisters. Consequently, the petitioner and her sisters served a notice to M/s Hamilton, thereby informing that the agreement to sell stood rescinded on account of failure on its part and the earnest money also stood forfeited.

5. Feeling aggrieved, M/s Hamilton filed a complaint with the local police for registration of FIR against the petitioner and her sisters for committing cheating. The petitioner along with her sisters filed reply, thereby controverting the allegations made in the complaint. After inquiry, the Additional Deputy Commissioner of Police, Jalandhar, found that the matter is civil in nature and there is no dispute to be investigated by police, hence no legal action is required to be taken.

6. Thereafter, M/s Hamilton, through the respondent No.5- Rohit Kumar, filed a complaint dated 18.09.2021 before the National Commission. This complaint carried allegations to the effect that, on 17.09.2021 at about 03:30 p.m., when the respondent No.5 went to George Irish Pub in Chunmun Mall, Jalandhar, the petitioner started abusing him in public by using casteist remarks. It was further alleged that, although the respondent No.5 went to the P.S. Division No.6, Jalandhar