Madras HC on FIR in SC/ST (Prevention of Atrocities) Act, 1989

Context

• A landmark judgment was delivered by the Madras High Court mandating strict compliance with legal provisions under the SC/ST (Prevention of Atrocities) Act, 1989, particularly regarding registration of FIRs.

Key Highlights of the Verdict

1. No Preliminary Inquiry Permitted:

   • As per Section 18A(1)(a) of the SC/ST Act (Amendment), 2018, no preliminary inquiry is required before registering an FIR for offences under the Act.

   • The court emphasized that this clause reflects legislative intent to ensure immediate protection and justice for SC/ST victims.

2. Mandate to Register FIR Immediately:

   • On receipt of a complaint disclosing a cognisable offence, police must straightaway register an FIR without any discretion or delay.

3. Criticism of Police Practices:

   • Justice P. Velmurugan noted that police often violate the legal mandate by conducting preliminary inquiries, delaying justice.

   • Advocate R. Thirumoorthy had raised this concern, which the court accepted.

4. Directive to State Police:

   • The Director-General of Police (DGP) was directed to communicate the order to all Commissioners and Superintendents of Police (SPs) across Tamil Nadu to ensure compliance.

On Rank of Investigating Officer

• As per Rule 7(1) of the SC/ST (Prevention of Atrocities) Rules, 1995:

  • Only officers of DSP rank and above can investigate SC/ST atrocity cases.

  • The court observed that this is not being followed in many cases, leading to procedural violations.

Timelines for Investigation

• The final report/chargesheet in SC/ST cases must be filed within:

  • 60 days from the date of FIR registration.

• This is critical to ensure speedy justice and reduce the trauma of prolonged litigation for victims.

Significance of the Judgment

• Strengthens Legal Safeguards for SC/ST communities.

• Reinforces accountability of police machinery in atrocity cases.

• Aligns with the spirit of social justice and constitutional protection under Articles 15(4), 17, and 46.

• Prevents misuse of discretion and arbitrary denial of justice.

Relevant Provisions Cited

Probable Mains Question (GS II )

Q: Discuss the implications of the Madras High Court's directive on mandatory FIR registration in SC/ST atrocity cases. How does it strengthen the enforcement of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989?