NAND KUMAR SAI S/O LATE SHRI LIKAHN SAI Vs. AJIT PRAMOD KUMAR JOGI S/O LATE K.P.JOGI, POLITICIAN & EX

JUDGEMENT

(1.) The following short but interesting question arises in this contempt petition:

(2.) Shorn off unnecessary details, the facts of this case are that the Respondent No. 1-Ajit Pramod Kumar Jogi, had filed a Writ Petition being WP(C) No. 1282 of 2013 claiming that he belongs to a tribal community known as "Kanwar", a notified scheduled tribe. It was also alleged that he has been elected to the Legislative Assembly and Parliament on many occasions on the basis of such scheduled tribe certificate issued to him. In the year 2001, a complaint was filed before the National Commission for Scheduled Caste and Scheduled Tribes (hereinafter referred to as 'the National Commission') wherein it was alleged that the Respondent No. 1 was a Christian and that he did not belong to a scheduled tribe and that he had obtained several false caste certificates showing him as belonging to 'Kanwar-scheduled tribe' and on the basis of these false certificates had contested elections from a constituency reserved for the scheduled tribes. The National Commission issued notice to the Respondent No. 1 proposing to verify his caste certificate. The matter was referred to the Chief Secretary, Government of Chhattisgarh, on 29.01.2001. The State Government replied that it had constituted a Committee for verification of the caste certificate and the reference received from the National Commission has been transmitted to the Principal Secretary, Department for Welfare of Scheduled Caste and Scheduled Tribe and Minority Welfare for necessary verification. The National Commission summoned the Chief Secretary of the State of Chhattisgarh to appear before it with all necessary documents related to the social status of the Respondent No. 1 who at that time, happened to be the Chief Minister of the State of Chhhattisgarh. It is not necessary to give other facts but on 16.10.2001, the National Commission passed an order in which it expressed a view that Respondent No. 1 had been fraudulently claiming to be belonging to 'Kanwar' community for purpose of getting scheduled tribe certificate. Thereafter, the matter was again remitted to the State Government by the National Commission and the State Government was directed to submit a report to it within 30 days.

(3.) Respondent No. 1 filed Writ Petition No. 2080 of 2001 (reported in AIR 2007 Chh 90) before this Court. The writ petition filed by him was allowed and it was held that the complaint of the original complainant was politically motivated. Reliance was placed on the judgment of the Madhya Pradesh High Court in Writ Petition No. 1417 of 1998 and Writ Petition No. 1039 of 2001 wherein challenge to the caste certificate of Respondent No. 1 had been rejected. The Court also held that the National Commission had violated the principles of natural justice. The State of Chhattisgarh challenged the said judgment passed by this Court by filing Civil Appeal No. 4082 of 2008 before the Supreme Court. The Collector, Bilaspur filed Civil Appeal No. 069 of 2008 and the original complainant S.K.Netam filed Civil Appeal No. 4079 of 2008. These cases were disposed off by judgment dated 13.10.2011, by the Apex Court, reported in AIR 2012 SC 44. The Apex Court, dealing with the order of the National Commission held as follows: