VARINDER MOHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Criminal Misc. No. 138 82-M of 1999 whereby Dr. Varinder Mohan-Petitioner is claiming anticipatory bail in case FIR No. 29 dated 26.3.1999 registered under Section 3 of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities, Act, 1989 (hereinafter to be referred as "the Act").

(2.) The prosecution case in brief is that on Veena Rani is Municipal Councillor of Rajpura. On 26.3.1999 at about 3.00 p.m., she was attending meeting of the Municipal Councillors in the office of Municipal Council, Rajpura. The meeting was being conducted in calm and cool atmosphere. After the resolution regarding the wages of employees working on contract basis was adopted, Smt, Jaswant Kaur, Municipal Councillor, demanded that previous accounts be rendered. Smt. Veena Rani replied that at that time it was not possible for the President to render previous accounts. Thereupon, Smt. Jaswant Kaur, remarked that she has relations with the President of the Municipal Council. Smt. Veena Rani replied that she should not impute unchastity to her and illicit intimacy to her with the President, Municipal Council. Jaswant Kaur again remarked that, that was why, she had forsaken her husband and had come to develop illicit relations with Shri Tarlochan Dev- President, Municipal Council. Smt. Veena Rani remarked that Jaswant Kaur should not have used these words impinging upon her chastity and character. Thereupon Dr. Varinder Mohan-petitioner uttered that this was what these chuhras were indulging in and they (chuhras) have polluted the atmosphere. Smt. Veena Rani made application to DSP City, Rajpura, wherein she set out these facts saying that by uttering those words which are intolerable, Jaswant Kaur and Dr. Varinder Mohan (petitioner) Municipal Councillors have insulted her (Smt. Veena Rani) in the name of her caste, which is scheduled caste.

(3.) Learned counsel for the petitioner submitted that it was a false case engineered against Smt. Jaswant Kaur and Varinder Mohan in pursuance of a well laid out plan. It was submitted that Municipal Councillors namely Rajinder Kumar and 12 others have made an application to the District Magistrate, Patiala (Annexure P-1) whereby they have prayed a through enquiry into the matter whether any such incident had taken place or it is a sheer manipulation. It was submitted that this incident was manoenvered by Smt. Veena Rani in league with others because the term of Vice-President of the Municipal Council was expiring on 9.4.1999 and Dr. Varinder Mohan was a candidate for the office of Vice President Municipal Council. It was submitted that vide Annexure P-2 dated 29.4.1999 Narinder Kumar etc.- 6 Municipal Councillors served requisition upon the President Municipal Council, Rajpura for convening a meeting within stipulated period of 14 days for election to the Office of Vice-President as the term of the present Vice-President had expired. It was submitted that so that no such meeting could take place and the election of the Vice-President was stalled, this incident was manipulated. It was submitted that it was not certain whether the offence has been committed or not and when the matter is pending enquiry/investigation, petitioner should be allowed bail.