Misuse of SC/ST Act, IPC clogging justice, says HC

NT Correspondent

Bengaluru: Calling it a classic example of misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Karnataka High Court has quashed a case filed against two brothers who are in their fifties over a property dispute.

The court said false cases under the SC/ST Act and Indian Penal Code (IPC) are clogging the criminal justice system.

"This case would form a classic illustration of misuse of the provisions of the Act and the penal provisions under the IPC. It is such cases which clog the criminal justice system and consume considerable time of the Courts, be it the Magistrates Court, Court of Session or this Court, while genuine cases where litigants have actually suffered would be waiting in the pipeline," it said.

"On the entire gamut of consideration made hereinabove, what would unmistakably emerge is misuse and abuse of the provisions of the Act. This case forms a classic illustration of scores and scores of cases where the provisions of the Act are misused for ulterior motives or pressurise the accused in collateral proceedings," Justice M Nagaprasanna said in a recent judgement on a petition filed by Rasik Lal Patel and Purushothama Patel.

The father of the petitioners, K J Patel, had purchased the property from one Krishnamurthy over 50 years ago.