Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2805 OF 2009
(Arising out of S.L.P. (C) No.6942 of 2005)
Sakti ..Appellant
Versus
State of A.P. & Ors. ..Respondent
J U D G M E N T
Dr. ARIJIT PASAYAT, J.
1. Leave granted.
2. Challenge in this appeal is to the order passed by a Division Bench of
the Andhra Pradesh High Court dismissing the writ petition filed by the
appellant. Prayer in the writ petition was as follows:
(1) to appoint an Officer, inspiring confidence in accordance with
Section 21 of Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as the ‘Central Act’) for
initiating prosecution for contravention of the provisions of the Schedule
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and for
ensuring safety to the S.Ts residing in Jeelugumilli, Buttaryagudem,
Polavaram, T. Narasapuram and Gopalapuram Mandals of West Godavari
District.
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(2) to provide adequate legal aid to the persons subjected to atrocities, to
enable them to avail justice and consequently declare that the peaceful
agitation and awakening campaign of the petitioner organization and
followed by S.Ts. for restoration of lands belonging to S.Ts in the
furtherance of the prevention of atrocities under S.C. & S.T. (Prevention of
Atrocities) Act, 1989.
3. The High Court held that the provisions of the A.P. State Commission
for Scheduled Castes and Scheduled Tribes Act, 2003 (Act No.9 of 2003)
(hereinafter referred to as the ‘State Act’) and the notification issued
thereunder on 7.11.2003 constituting a Commission is to discharge such
functions as are envisaged under Section 12 of the Act which are
comprehensively enough. Therefore, it was observed that the appellant can
approach the Commission for redressal of its grievances.
4. Stand of the learned counsel for the appellant in essence is that the
State and the Central Act operate in different fields and, therefore, one
cannot be a substitute for the other. Learned counsel for the respondent
submitted that some amount of overlapping is there and, therefore, there
cannot be any doubt about the adequacy.
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5. In the State Act Section 12 reads as follows:
“12. Functions of the Commission :- The Commission
shall perform the following functions, namely:-
xxx xxx xxx
(b) to investigate and monitor all matters relating to
the safeguards provided for the Scheduled Castes and
Scheduled Tribes under the Constitution or under any
other law for the time being in force or under any order
of the Government and to evaluate the working of such
safeguards.
6. So far as Central Act is concerned, Section 21 reads as follows:
“21. Duty of Government to ensure effective
implementation of the Act – (1) Subject to such rules as
the Central Government may make in this behalf, the
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State Government shall take such measures as may be
necessary for the effective implementation of this Act.
(2) In particular, and without prejudice to the
generality of the foregoing provisions, such measure may
include, -
(i) the provision for adequate facilities,
including legal aid, to the persons subjected to
atrocities to enable them to avail themselves of
justice;
(ii) the provision for travelling and
maintenance expenses to witnesses, including the
victims of atrocities, during investigation and trial
of offences under this Act;
(iii) the provision for the economic and social
rehabilitation of the victims of the atrocities;
iv) the appointment of officers for initiating or
exercising supervision over prosecutions for the
contravention of the provisions of this Act;
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(v) the setting up of committees at such
appropriate levels as the State Government may
think fit to assist that Government in formulation
or implementation, of such measures;
(vi) provision for a periodic survey of the
working of the provisions of this Act with a view
to suggesting measures for the better
implementation of the provisions of this Act;
(vii) the identification of the areas where the
members of the Scheduled Castes and the
Scheduled Tribes are likely to be subjected to
atrocities and adoption of such measures so as to
ensure safety for such members.
(3) The Central Government shall take such steps as may
be necessary to co-ordinate the measures taken by the State
Governments under sub-section (1)
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(4) The Central Government shall, every year, place on the
table of each House of Parliament a report on the measures
taken by itself and by the State Governments in pursuance
of the provisions of this section.”
7. A bare perusal of the two provisions i.e. Section 12 of the State Act
and Section 21 of the Central Act leaves no manner of doubt that they
operate in two different fields. So far as Section 21 of the Central Act is
concerned, it is the duty of the State Government to take such measure as
may be necessary for effective implementation of the Act and that includes
the appointment of the officers in initiating or exercising for supervision
over prosecutions for the contravention of the provisions of the Act.
8. Section 12(b) of the State Act relates to investigation and monitoring
of all matters relating to safeguards provided for the Scheduled Castes and
Scheduled Tribes under the Constitution or under any other law for the time
being in force or under any order of the Government and to evaluate the
working of such safeguards.
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9. Above being the position, we direct the State Government to take
immediate steps for appointment in terms of Section 21(2) of the Central
Act as early as practicable preferably within six months from today.
10. The appeal is accordingly disposed of.
………………………………….J.
(Dr. ARIJIT PASAYAT)
………………………………….J.
(ASOK KUMAR GANGULY)
New Delhi,
April 24, 2009
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