CHADRA SEKHAR PANI Vs. STATE OF ORISSA

JUDGEMENT

(1.) All the above cases were taken up together for hearing since they involve same question of law.

(2.) Question of law relates to interpretation of Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter called the Rules). The said Rule provides that an offence committed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called the Act) shall be investigated by a police officer not below the rank of Deputy Superintendent of Police. Question raised before this Court is as to whether an offence committed under the Act and investigated by an officer below the rank of D.S.P. is illegal so as to vitiate the trial if the same has not caused any prejudice to the accused.

(3.) Rule 7 of the aforesaid Rules only relates to an offence committed under the aforesaid Act and does not have general application. Section 4 of the Code of Criminal Procedure prescribes that all offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions contained in the Cr.P.C. It further provides that all offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. Section 5 of the Cr.P.C. is the saving provision and prescribes that nothing contained in the Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. Bare reading of the aforesaid two provisions clearly indicate that when a special law prescribe for a special form or procedure, the procedure contained in the Cr.P.C. is not to be followed. Only when a special law of local law does not provide for procedure or dealing with offence under the said special or local Act, the procedure contained in the Cr.P.C. is to be followed. There is no dispute that the SC and ST (PA) Act, 1989 is a special Act and provides for a special procedure. Section 9 of the Act confers power on the State Government to make such provisions in respect of the matters as indicated in the said Section. Section 9 as stated above is quoted below :