Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1995 - r. 7 - Central Government in exercise of rule making power vested u/s. 23 SCST A Ct framed 1995 Rules wherein r. 7 vested the investigative authority. for offences committed under SCST Act with an officer not below the rank of a DSP Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 - ss.9 23 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - ss.9, 23 - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 - r. 7 - Central Government in exercise of rule making power vested u/s. 23, SCST A Ct framed 1995 Rules wherein r. 7 vested the investigative authority. for offences committed under SCST Act with an officer not below the rank of a DSP - However, appellant-State in exercise of power vested in it u/s.9, SCST Act issued a notification allowing the investigative process to be ca_rried by officers three ranks below the rank of DSP, namely, through officers/officials holding the ranks of Inspector. Sub-Inspector and Assistant Sub-Inspector of Police ~ Notification challenged contending that it was ultra vires the provisions of SCST Act as also contrary to r. 7 of 1995 Rules - High Court upheld the validity of the impugned notification - On appeal, held: S.9 of SCST Act extended the power of arrest, investigation and prosecution, to all officers as would be entitled to carry out the said responsibilities, under CrPC - In addition, it further authorized the State Government to delegate the power of i'nvestigation (in addition to, the power of a~rest, and of prosecution) in respect of offences under the SCST Act, " ... to any officer of the State Government ... ", as the State Government may consider "necessary" - Thus, the power vested with the State Government u/s. 9 was clearly expansive and was intended to enlarge the zone of arrest, investigation and prosecution, to officers/officials in addition to those authorised to do so under CrPC - Therefore, the power of delegation was not limited to police personnel only, but extended to any officer of the State Government, w!io may or may not belong to the Police Department ... The said power was given to the StateGovernment through a non-obstante clause and could be exercised irrespective of the provisions of CrPC and even the parent SCST Act itself - Impugned notification upheld - Code of Criminal Procedure, 1973. Scheduled Castes and Scheduled Tribes Rules, 1995 - r.7 - B Validity of - Held: Jn view of serious and harsh consequences emerging from any violation of the provisions of SCST Act, the Central Government in exercise of its rule making authority was fully competent and justified, in requiring that the investigative process be conducted by an officer not below the rank of a DSP - The power exercised by Central Government was within the ·C framework of authority vested in it - Thus, exercise of such authority, by Central Government, cannot be assailed on the grounds of competence or legitimacy - r. 7 held to be valid. D E F Administrative Law - 1995 Rules framed by Central Government uls.23 of the parent Act wherein r. 7 vested investigative authority for offences committed under the said Act - State Government exercising power uls.9 of the parent Act issued notification relaxing the said provision made by r. 7 of 1995 Rules - Permissibility of - Held: A provision made under a rule, i.e. r. 7 cannot negate a right extended through the parent legislation i.e. by way of s.9 - The power vested with the State Government, through a non obstante clause uls.9, cannot be neutralized by any rule framed uls.23, SCST Act - Thus, the non obstante allowed the State Government to exercise the power conferred on it irrespective of the provisions of the parent Act or rules framed thereunder. |
Judge | Honble Mr. Justice Jagdish Singh Khehar |
Neutral Citation | 2017 INSC 259 |
Petitioner | State Of Bihar And Others Etc. |
Respondent | Anil Kumar And Others Etc. |
SCR | [2017] 6 S.C.R. 711 |
Judgement Date | 2017-03-23 |
Case Number | 4397-4400 |
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