E K NAYANAR Vs. M A KUTTAPPAN

JUDGEMENT

(1.) Petitioner is the sole accused in Cr1. M.P. No. 1355 of 1996 pending on the file of the Special Judge for the trial of offences for the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 for short, Act 33/1989. The proceedings before the Special Judge came to be initiated on a complaint filed by the 1st respondent and the learned Special Judge by his order dated 14-10-1996 took cognizance foe the offence under section 3(i)(x) of Act 33/1989 and also for an offence under section 7(l)(d) of the Protection of Civil Rights Act. 1955. A true copy of the said order is seen filed as Annexure-A to this Cr1. M.C.

(2.) The proceedings came to be initiated as stated above against the petitioner, on an allegation that while the petitioner was contesting the byelection to the Kerala Legislative Assembly from the Thalassery Assembly Constituency a convention of the Left Democratic Front was convened on 209-1996 in the evening at the Town Bank Auditorium. Thalassery, as part of the election programs and that during the course of the speech by the petitioner he made the following remark: (matter in other language) A free translation of the said Malayalam statement is: The other thing, that Harijan, one Kuttappan, he was dancing on the table. This was what Nayanar stated quite contemptuously. According to the 1st respondent, the petitioner made this statement deliberately with an intention to insult him in public view and therefore, it is an offence punishable under section 3(i) (x) of Act 33/89 It is further alleged in the said complaint that the conduct of the petitioner will amount to practising untouchability or an action arising out of untouchability and hence, punishable under section 7(1)(d) of the Protection of Civil Rights Act. 1955, A true copy of the complaint is seen annexed to this Cr1. M.C. as Annexure- B.

(3.) The sworn statement of the 1st respondent was recorded by the learned Special Judge, which is annexed as Annexure-C to this petition. The learned Special Judge also recorded the statement of two other witnesses. Witness No.1 has stated: (matter in other language) A free translation of the statement is as follows: There is an M.A. Kuttappan. That Harijan MLA, he climbed over the table and was dancing. Is this the democratic manners of Antony? Another witness, who was examined stated as follows: (matter in other language) A free translation of the said statement is as follows: The other thing, that Harijan Kuttappan. (He) climbed over the table and was dancing in the Legislative Assembly. The learned Special Judge took cognizance for the offence under section 3 (i) (x) of Act 33/ 1989 and section 7(1)(d) of the Protection of Civil Rights Act, 1955 against the petitioner and directed registration of the complaint as calendar case, Summons were directed to be issued to the petitioner. Aggrieved by the said order of the learned Special Judge the present Cr1. M.C. is filed with a prayer to quash the proceedings initiated against him.