RAM DENI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE four petitions filed under Article 226 of the Constitution raise common challenge to the constitutional validity of the Government Notification dated 3rd June, 2002 published in the Official Gazette of the State of Bihar on 9th August, 2008.

(2.) THE petitioners in C.W.J.C. No. 7489 of 2006 are the wife and the brother of the deceased Sharma Choudhary, a class IV employee of the respondent No. 6, Canara Bank. According to the writ petitioners the said Sharma Choudhary died on account of the atrocities meted to him being a Scheduled Caste person. THE petitioners have, therefore, prayed that the police be directed to register the offence under Section 3 (2) (v) read with Section 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') read with Section 302 of the Indian Penal Code; that the police be directed that the investigation for the offence be made by a police officer of the rank of the Deputy Superintendent of Police.

(3.) THE challenge to the Notification is mainly on the ground that the impugned Notification is violative of Section 9 of the Act of 1989 and Rule 7 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (hereinafter referred to as 'the Rules'). Another limb of the challenge is that the impugned Notification is ultra vires insofar as it is made retrospective with effect from 31st March, 1995. THE Notification is intended to validate the invalid actions of investigation by an officer below the rank of Deputy Superintendent of Police. It is also submitted that the impugned Notification extends beyond the power conferred upon the State Government to empower any officer of the State Government to exercise the powers of a police officer of arrest, investigation and prosecution of the persons before a special court. THE relevant Section 9 of the Act of 1989 and Rule 7 of the Rules read as under :-