M LAKSHMINARAYANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner arraigned on an indictment for violation of S. 7 of the Protection of Civil Rights Act, 1955 (Act No. 22 of 1955) (hereinafter referred to as the 'Act'), has sought (i) to declare it as void and ultra vires in so far as it categorises certain acts as offences arising out of untouchability and (ii) to quash criminal proceedings, including F.I.R. etc.

(2.) Petitioner and fifth respondent are in the services of K.E.B. working at Mulabagal. Dissatisfaction on the transfer of fifth respondent from Mulabagal to Malur and/or delayed handing over of charge appears to have resulted in some altercation on 21-7-1982; it is alleged that petitioner and four others used abusive language calling fifth respondent as 'Holiya', Madiga' and so on, as detailed in F.I.R. (Annexure-D). Fourth respondent on receipt of the complaint from the fifth respondent has registered a case under S. 7 of the Act. Petitioner pleads innocence, and denies the incident. Petitioner contends that it is a false, vexatious and frivolous complaint out of spite or ill-will as amongst office bearers of the Union. It is in this context, the petitioner has questioned the validity of S. 7 of the Act.

(3.) Grounds of challenge are - (i) S.7 has assumed the status of a constitutional law; (ii) Section cripples petitioner's freedom of speech and expression, equality and personal liberty guaranteed under Arts. 14, 19 and 21 of the Constitution and tarnishes his official career, and (iii) Section confers absolute and unguided power on the State and its Officers to initiate criminal proceedings, geninue or otherwise. Alleged Slanderous Statement contained in F.I.R. is an abuse of process of law to wreak vengeance and to achieve personal ends.