Friday, April 1, 2011

[ZESTCaste] SC quashes proceedings under SC,ST Act against principal

 

http://news.in.msn.com/national/article.aspx?cp-documentid=5093947

01/04/2011
SC quashes proceedings under SC,ST Act against principal

New Delhi, Mar 31(PTI) Observing that court proceedings should not
degenerate into weapons of harassment, the Supreme Court has quashed a
case registered under the SC,ST (Prevention of Atrocities) Act against
a woman school principal.
A bench of justices Dalveer Bhandari and Deepak Verma found fault with
the Andhra Pradesh High Court for failing to quash the case registered
against Asmathunnisa, principal of a private school in Hyderabad''s
posh Jubilee Hills area.
"The High Courts have been invested with inherent powers, both in
civil and criminal matters, to achieve a salutary public purpose.
"A court proceeding ought not to be permitted to degenerate into a
weapon of harassment or persecution. Ends of justice are higher than
the ends of mere law though justice must be administered according to
laws made by the legislature," Justice Bhandari, writing the
judgement, said.
The apex court, also interpreting the provisions of the Act, upheld
the contention of the principal that the alleged offence can be made
out only if if the complainant was abused in "public view" in front of
witnesses.
Asmathunnisa had accompanied her husband Mohd Samiuddin to the house
of the complainant Sreedevi, a Dalit woman, where an altercation broke
out.
It was alleged by Sreedevi that Samiuddin enquired about her husband
and on being told that he was not at home abused him by caste.

On the basis of her complaint, a case was registered against the
couple with the Jubilee Hills Police station on February 9, 2006.
(more) PTI RB

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