JAGDISH RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This matter pertains to an incident that took place in the year 1985. The criminal proceedings before the Magistrate have not crossed the stage of taking cognizance. One of the contentions urged in this appeal for quashing the criminal proceedings is long delay of 19 years.

(2.) The appellant is a District Ayurvedic Officer. The complainant is a Class IV employee in Ayurvedic Aushdhalaya, Fatehgarh. According to the complainant on 7th November, 1985 when the appellant visited the said place several patients were present. The appellant asked the complainant to bring water. When the complainant brought water, he was insulted by the appellant who said to him "I do not want to spoil my religion by drinking water from your hands. How have you dared to give water" and started abusing him. The complainant has filed a complaint in the Court of Chief Judicial Magistrate alleging commission of offence punishable under S. 7 of the Protection of Civil Rights Act, 1955 (hereinafter referred to as the Act).

(3.) The practice of untouchability in any form has been forbidden by Art. 17 of the Constitution of India which inter alia provides that "untouchability" is abolished, the enforcement of any disability arising out of "untouchability" shall be an offence punishable in accordance with law. To comply the mandate of the Constitution, the Act has been enacted inter alia with a view to prescribe punishment for the preaching and practice of "untouchability," for the enforcement of disability arising therefrom and for matters connected therewith.