HARESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) In these twenty-two applications, the petitioners have challenged the vires of the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act) and have prayed for quashing their prosecutions under the aforesaid Act.

(2.) As the common questions of law are involved in all the cases they have been heard together and are being disposed of by this common judgment.

(3.) The allegations against the petitioners in all the cases are that they have committed offence under the Act and in some cases they are also alleged to have committed offences under the Penal Code. It is not necessary to state the facts of all of the cases as the submissions advanced by the counsels for the petitioners in all the cases are with regard to vires of the Act on different grounds which require no reference to the factual matters. In some case, the learned Counsels referred to the facts of the cases to show that even if the allegations are accepted on their face value no case under the said Act or IPC is made and in that view of matter the facts of those cases will be referred to while dealing with the said submission.