FIR for faking caste certificate in 1977, case quashed; here's why

The Committee declared that he does not belong to the ‘Bandi’ caste but the ‘Baandhi’ caste which was an OBC

S Shyam Prasad | NT

Bengaluru: A criminal case filed against a retired bank clerk for allegedly faking his caste to obtain a certificate back in 1977 has been quashed by the High Court. The case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act came into force only in 1989. Even the caste on which he obtained a certificate was officially declared not a Scheduled Caste a year after he had obtained the certificate in 1977.

Ramesh Bandekar, an ex-employee of the Canara Bank, approached the High Court against the case filed against him in the Karwar Town police station under the Atrocities Act and various sections of the Indian Penal Code (IPC). He was issued a caste certificate for belonging to the ‘Bandi’ caste by the Tahasildar on September 20, 1977. Based on this certificate he obtained a job as a clerk in Canara Bank. He retired from service on April 30, 2015.

On May 22, 2017, the District Caste Verification. The Committee declared that he does not belong to the ‘Bandi’ caste but the ‘Baandhi’ caste which was an Other Backward Classes (OBC). The Tahsildar ordered cancellation of his caste certificate that was issued in 1977. A FIR was filed against him subsequently. He approached the High Court against it. The petition was heard by Justice Hemant Chandangoudar.

The HC in its judgment noted that “The circular was issued by the Department concerned clarifying that Baandhi caste is not a scheduled caste on 21.9.1978 i.e. after the certificate was issued in favour of the petitioner on 20.09.1977. Hence, it is implied that as on the date when the petitioner submitted an application with the Tahsildar concerned for issuance of the certificate, there was no dishonest intention on the part of the petitioner to cheat the government by claiming that he belongs to Bandi caste though he belongs to Baandhi caste.”

Therefore the allegation of cheating under the IPC is without any substance, the HC said. On the charges under the Atrocities Act, the HC said, “The petitioner is alleged to have obtained false caste certificate on 20.09.1977 ie., prior to commencement of the Act. Article 20(1) of the Constitution of India specifies that, no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence.”

The Court recorded that “In the present case, as on the date of issuance of the caste certificate in favour of the petitioner, the Atrocities Act was not in force.

Hence, the offence alleged to have been committed prior to the commencement of the Act, the registration of the FIR for the offence punishable under Section 3(1) (ix) of the Atrocities Act is in violation of Article 20(1) of the Constitution of India. Allowing Bandekar’s petition and quashing the FIR filed against him, the HC said, “In view of the preceding analysis, I am of the view that the continuation of investigation will be an abuse of process.”