- (1.)HEARD Mr. Bichu for the applicant and A. P. P. for the State.
(2.)THE petition is filed for quashing the order of the Special Judge (U. D. Salvi), Mumbai, dated 4-12-1997 by which he rejected the application of the accused petitioner which was filed for discharge.
(3.)MR. Bichu contended that the accused was charge-sheeted for offences under the provisions of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter referred to as the "act of 1989". The alleged offence took place on 3-4-1997. F. I. R. was filed on 28-4-1997. Investigation was completed and last statement was recorded on the same date i. e. 28-4-1997 and charge sheet came to be filed in August, 1997. According to him the accused had claimed discharge on a purely legal ground arising from the provisions of the Act of 1989 itself. He urged that under section 9 of the said Act of 1989, it was for the State Government to appoint any officer of the Government with powers under this Act for the purpose of carrying out investigation in respect of the offences under this Act and the State Government could confer such powers by notification in Official Gazette. However, according to him section 23 of the Act of 1989 gives powers to the Central Government to make rules for carrying out the purposes of this Act and these rules are to be published by notification in Official Gazette. Accordingly, rules have been framed by the Central Government and they are in force from 31-3-1995. The Act came in force in January 1990 and from 1990 to 31-3-1995 the offences under the Act could be investigated by any police officer. According to Mr. Bichu the situation has changed after rules came into force and by virtue of Rule 7 it has been specifically directed that offences shall not be investigated by any police officer who is below the rank of Deputy Superintendent of Police who is equivalent to the Assistant Commissioner of Police in Mumbai.