N K KAPOOR Vs. PRITAM CHAND

JUDGEMENT

(1.) THE respondents who are the members of the scheduled caste community serving in the Oriental Bank of Commerce at Jammu, filed a complaint against the petitioner herein under Sec, 7 of the Protection of Civil Rights Act, 1955 (hereinafter called the Act) alleging therein that they had been subjected to harassment amounting to an offence under the provisions of the aforesaid Act. The trial court issued process against the petitioners aggrieved by which this petition has been preferred with a prayer for quashing the same.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) MR . Raina, learned counsel for the petitioners herein has submitted that as the provisions of the Act have not been validly made applicable to the State of Jammu and Kashmir, no proceedings could be initiated under the said Act against the petitioners. It is submitted in the alternative that the facts alleged in the complaint do not constitute an offence which, according to the learned counsel, is the result of inter union rivalry of the parties. Elaborating his argument on the first point Mr. Raina has submitted that as the provisions of the constitution are applicable to the State of Jammu and Kashmir subject to the provisions of Art. 370 of the Constitution of India, the Act cannot be said to have been validity made applicable to the State of Jammu and Kashmir.