INSUBCONTINENT EXCLUSIVE:
Justice KG Balakrishnan is the first Dalit to become the Chief Justice of India
former Chief Justice of India KG Balakrishnan today said the judgement was "basically wrong" and observed that judicial orders should not
create violence among the people.The remarks by Justice(retd) Balakrishnan came a day after the centre bluntly told the Supreme Court its
verdict under question is resulting in "great damage" to the country and causing "anger and a sense of disharmony" among the people
The centre also vehemently urged for a review and recall of the March 20 order.Following the top court's decision, a nationwide 'bandh' was
called by Dalit groups on April 2 to protest against the alleged dilution of the Act
At least 11 people were killed and hundreds injured in ensuing violence across several states as protesters blocked trains, clashed with
police and set fire to private and public properties, including police posts."This is probably the first time a decision of the Supreme
Court has incited violence among the people
Usually, when violence is there, the Supreme Court intervenes
The people used to accept the verdict."Now people are not in a position to accept the verdict of the highest court of the land
It is something which is strange
This we should understand
The Supreme Court should produce decisions which are acceptable to greater number of people
It should not create violence among the society," said Justice Balakrishnan.Justice Balakrishnan, who is the first Dalit to become the Chief
Justice (January 14, 2007 to May 12, 2010), was delivering the presidential address at a seminar on "Supreme Court Judgement on SC/ST
Causes, Effects and Solution" organised by South Asian Minorities Lawyers' Association and Ambedkar Educational Cultural Society.In its
March 20 order, the top court had diluted stringent provisions of the SC/ST Act mandating immediate arrest under the law in a bid to protect
honest public servants discharging bona fide duties from being blackmailed with false cases.Referring to the finding of the top court with
regard to abuse of law of arrest in such cases, Justice Balakrishnan said that sufficient safeguards were already provided in the Code of
Criminal Procedure (CrPC) in case of arrest of any person."If a person is to be arrested, he should have committed a cognisable offence and
the police officer should be satisfied that the person has committed a cognisable offence and the officer should record as per the amendment
So there are sufficient safeguards," he said.On the verdict making it mandatory to get approval of the appointing authority before arresting
a public official in such cases, Justice Balakrishnan said its implementation was not feasible and the accused will easily get away."How is
the appointing authority concerned with the case Who is bothered about it The approval will never come
He can very well escape from the clutches of law
This decision will enable such perpetrators to get away from the clutches of law
So in that way, the decision is basically wrong," Justice Balakrishnan said.The former Chief Justice, who had also headed the National Human
Rights Commission, said there is a perception that the Act is widely misused as most of the cases are either discharged or the accused are
acquitted.He said that since the perpetrators of the offence under the Act are socially influential members of the society and the
complainants are poor people, a proper prosecution of the accused never happens."Those who commit the offence are socially powerful members
The police and the powerful people are not in favour of SC/ST and ultimately the case end in acquittal or discharged
That is why the general impression that the Act is being misused
It's not that the complaint is farce
The complainant is not really able to prosecute the perpetrators who had committed the offence
They are not able to successfully prosecute the persons," the former Chief Justice said.Advocate Mehmood Pracha, who also addressed the
event, said that the judgment of the top court shows the deep-rooted casteist mentality of the judicial system."This judgment of the Supreme
Court actually shows the deep-rooted casteist mentality of our system, most unfortunate is of our judicial system
Because the SC/ST community is totally unrepresented in higher judiciary at least and it is almost non-existent in lower judiciary as
well."This is the root cause of all our problems because the judicial minds cannot appreciate the pain and sufferings of the oppressed
classes because they have come from the upper classes and caste of the society," Mr Pracha said.
