Kashish Jain
Supreme Court is scheduled to hear a plea filed by a DMK leader challenging a Madras High Court order. This is the order that refused to quash a criminal case against him in connection with alleged remarks made against the Scheduled Castes community.
A bench is likely to take the appeal filed by DMK leader and Rajya Sabha member R S Bharathi against the order of the High Court. The Bench comprises Justices L Nageswara Rao and S Ravindra Bhat.
The High Court had dismissed his plea on the grounds that he prima facie “humiliated and insulted” people of the Scheduled Castes.
The High Court had also directed the trial Court to complete the trial on day- to-day basis expeditiously without any further delay.
In his plea, Bharathi said that the High Court judgment erroneously notes that the nature of the statement is such that it has the potential to divide the people and create disharmony in the society. The statement was also held to be in bad taste. Advocate Amit Anand Tiwariis representing Bharathi and filled said plea before the Apex Court that stated:
“It is submitted that ingredients of Section 3 (1) (u) of the SC/ST (Prevention of Atrocities) Act, 1989 are not fulfilled. For an offence to be made out under Section 3 (1) (u) of the Act, the speaker is required to promote or attempt to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or the Scheduled Tribes.”
The plea also stated:
“In the present case, the statements made by the Petitioner not at all promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or Scheduled Tribes. In fact, the Petitioner merely stated the historical fact that the Dravidian Progressive Movement, with which the petitioner is involved since 1960s, improved and uplifted the lives of members of SC, ST and downtrodden communities in Tamil Nadu.”
The petition contends that there is nothing to show that the petitioner had stated anything with the intention of promoting discord, enimity or ill-will against members of the Scheduled Casta or Scheduled Tribes.
Bharathi submitted that the High Court failed to appreciate that the instant complaint is actuated with malfeasance and that the Complainant has was politically motivated.
An FIR was registered against Bharathi under the IPC provisions besides those of the SC/ST (Prevention of Atrocities) Act, based on the complaint lodged by Athi Tamilar Makkal Katchi leader Kalyanasundaram for an alleged speech by the DMK leader at a party forum indoor meeting. PTI PKS SJK RKS RKS.