CHITTARANJAN NANDY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition seeks declaration that the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter called 'the Act') is ultra -vires the Constitution. According to the petitioner, the subject matter of enactment is not covered by the field of legislation in any of the entries of the VIIth Schedule to the Constitution. Sections 18 and 19 of the Act which make the provisions of Sections 438 & 350 of Cr.P.C. and Probation of Offenders Act inapplicable violate fundamental rights under Articles 14 and 15 of the Constitution. We have heard the petitioner in person, who is an Advocate.

(2.) LAW made by Parliament cannot be held to be beyond the legislative competence unless the same is shown to be covered by the State List. This being the position, the plea of the petitioner with regard to the lack of legislative competence cannot be accepted.

(3.) AS regards the plea of violation of Articles 14 and 15, this submission also cannot be accepted.