ABDUL RASHEED SIDDIQUI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Second petitioner is the wife of first petitioner. They reside at Ambikapur. First petitioner is a practising Advocate at Ambikapur. First petitioner also claims to be a social and political activist. First petitioner and his son filed a. writ petition M. P. No. 2895/ 92 in this Court against the District Collector, the third respondent herein and others alleging that the third respondent, Additional Collector of the district, without any jurisdiction started enquiry against the second petitioner in regard to a matter which was outside his jurisdiction. This Court also passed an interim order staying the enquiry. Thereupon, the third respondent made a report to the fourth respondent, officer-in-charge of Harijan Kalyan Prakoshtha, Ahmikapur alleging that he is a member of the scheduled caste and the act of filing the writ petition against him would be an offence under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'). The complaint was not only against the first petitioner but also against his wife though she was not a party to the writ petition. Annexure-B is a copy of the complaint. On the basis of this complaint, the fourth respondent registered a case against the petitioners under Section 3(1)(viii) of the Act. A news item about registration of the case was published in news-papers. The petitioners apprehended their arrest for the offence on the basis of the F.I.R. They have filed a writ petition challenging the vires of Sections 3, 8, 14, 19 and 22 of the Act seeking a direction to the respondents not to arrest them.

(2.) Having heard the learned counsel appearing for the petitioners and the learned counsel for the contesting respondents, we do not think we are called upon to decide the constitutionality of the provisions of the Act in this case since registration of the case against the petitioners appears to be a clear case of abuse of the process of criminal law.

(3.) Section 3(1)(viii) of the Act reads thus: