Sakti vs State Of A.P. & Ors

Sakti ..Appellant

Versus

State of A.P. & Ors. ..Respondent JUDGMENT

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.

2 (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

4 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)

6 (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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