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SC agrees to hear Ashis Nandy's plea
Thursday January 31, 2013 10:07:04 PM,
IANS
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New Delhi: The Supreme
Court will Friday hear a petition by sociologist Ashis Nandy
seeking the quashing of a police case filed against him by the
Rajasthan government for alleged remarks linking Dalits to
corruption.
Nandy was booked Saturday for his comment made at the
recently-concluded Jaipur Literature Festival session.
The apex court bench of Chief Justice Altamas Kabir, Justice Anil
R. Dave and Justice Vikramajit Sen decided to take up Friday the
plea by the academician after it was mentioned by counsel Aman
Lekhi before the bench.
The petition sought the quashing of any other first information
report (FIR) registered across India "arising out of or in
relation to the comments and statements of the petitioner...."
An FIR was registered against Nandy at a police station in Jaipur
under the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (SC/ST Act) and charges of criminal intimidation
under of the Indian Penal Code.
Seeking to restrain Rajasthan Police from taking any coercive
action against him, Nandy said that in the remarks attributed to
him there was "no malafide intent or purpose on his part to make a
comment in order to insult or intimidate with intent to humiliate
a member of SC or ST in any place within public view".
Nandy urged the apex court to issue direction to the authorities
for taking "appropriate steps to protect" his physical well-being.
The petitioner sought a direction to the Rajasthan government and
state police not to take "any coercive action of any nature in any
proceedings without prior permission of the (apex court)...."
Nandy said the issuance of guidelines by the apex court was
necessary so that provision of Section 3(1)(x) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act could not be
"misused to hamper freedom of speech and expression and also to
set out the circumstances in which alone the police officials may
investigate and initiate penal action under the said act".
There was "neither any intentional insult nor intimidation with
intent to humiliate any member of the SC and ST so as to attract
the provisions of law," Nandy said.
The offence under Section 3(1)(x) of the SC/ST Act is non-bailable
and even the protection of anticipatory bail is denied under
Section 18 of the law, the petition said.
The registration of the said FIR was "an abuse of law and there is
imminent danger of the same being compounded as the he is being
denied his fundamental rights under Article 14, 19 and 21 of the
constitution, because of the clamour of his immediate arrest from
important political personalities including Mayawati (Bahujan
Samaj Party chief) and P.L. Punia (chairman of the National
Commission for Scheduled Castes)".
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