K.S.KUMARAN,J - (1.) SECOND respondent-Jaspal Singh lodged a complaint before the learned Judicial Magistrate Ist Class, Chandigarh under Section 3(x), 3(xi) and (xv) of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989 (hereinafter referred to as the Act) against the petitioners herein wherein the following material allegations are found :-
(2.) THE complainant belongs to the Schedule Caste known as "Chura" and he is working as a servant with Gurpartap Singh Gill, whose family is residing in House No. 15, Sector 3A, Chandigarh. The accused (petitioners herein) are aware of the above facts. On 19.5.2000 at about 7 p.m., the complainant who was washing the car, went to the water tap installed in the front lawn of the house and opened it for the purpose of taking water in a bucket and to wash the cloth meant for cleaning the car. The moment the complainant touched the water tap and started opening the same, all the three petitioners who were standing in the lawn, started shouting saying that "You Chura have defiled the water tap". The 1st petitioner said, "You Chura of lower caste", and the second petitioner said, "You Chura spoiled our religion", while the 3rd petitioner said, "You Chura, you have no business to take water from the said tap". When the complainant asserted his right to take water from the tap, the 3rd petitioner-Neeraj Sharma tried to hit him with a broom which was in her hand. The alarm raised by the complainant attracted Jit Singh, Gurcharan Singh and Naresh Sharma to the place and in their presence, the petitioner repeated the objectionable words by saying that this "Chura" has defiled their religion by touching and taking water from the water tap. They also remarked that they belong to high caste, being Brahmins, and the very presence of the "Chura" in the house has defiled their religion. The 1st petitioner remarked that even the shadow of the "Chura" in the house is enough for defiling their religion. They threatened that they will force the complainant to leave the house so that their religion may not be defiled further and that they will file a false complaint against the complainant. The petitioners have done so with the common intention to insult, humiliate, intimidate, assault and use force for making the complainant to leave the house.
(3.) THE complainant examined himself, as also Gurcharan Singh and Jit Singh as witnesses. Taking into consideration the materials placed before him, the learned Judicial Magistrate Ist Class, Chandigarh held that there are sufficient grounds to proceed against the petitioners under Sections 3(x) and 3(xv) of the Act, and directed the petitioners to be summoned accordingly.;