Calling tribal 'adivasi' not offence: Jharkhand HC
Ranchi, Apr 26 (PTI): The High Court of Jharkhand has observed that calling a tribal "an adivasi" will not constitute an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Justice Anil Kumar Choudhary, while hearing a criminal writ filed by one Sunil Kumar, has held that in order to constitute an offence punishable under the SC/ST(POA) Act, the victim ought to be a member of a scheduled caste or a scheduled tribe.
The word "adivasi" is not a tribe as per the schedule provided in the Constitution of India, and unless the victim comes under the list of the scheduled tribes noted in the Constitution, no case under the Act can be made out against the accused, the court observed.
The court was hearing the petition of Kumar, a public servant who had challenged an FIR, registered against him with the Dumka Police Station.
The victim, who lodged the FIR, happens to be a member of the scheduled tribe.
The victim mentioned in the FIR that she had gone to meet Kumar in his office to serve an application under the Right to Information Act.
Kumar had allegedly refused to accept the application and is said to have called the victim an "insane adivasi".
The woman also alleged that Kumar drove her out of his office and humiliated her.
Kumar's counsel Chandana Kumari argued before the court that he had not mentioned the woman's specific caste or tribe that she belongs to and only used the word "adivasi".
This cannot be an offence, Kumari argued.
She also stated that the FIR has been registered under the SC/ST Act.
The court observed, in its order passed on April 8, that continuation of the criminal proceedings against Kumar, who is undisputedly a public servant, will amount to an abuse of process of law.
The court quashed the FIR and set aside the proceedings arising out of the case.
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MLA Janardhana Reddy disqualified following conviction in illegal mining case
Bengaluru, May 8 (PTI): Independent MLA and BJP supporter G Janardhana Reddy was on Thursday disqualified as the member of Karnataka Legislative Assembly after a special CBI court convicted him in the Obulapuram Mining Company (OMC) illegal iron ore mining case.
With this, one seat of the state assembly has fallen vacant.
“Consequent upon conviction of G Janardhana Reddy Member of Karnataka Legislative Assembly representing the Gangavati Constituency by the Court of the Principal Special Judge for CBI, cases, Hyderabad in CC.No.1 of 2012, he stands disqualified from the membership of Karnataka Legislative Assembly from the date of conviction i.e., May 6, 2025 in terms of the provisions of article 191(1) (e) of the Constitution of India read with section 8 of the Representation of the People Act, 1951,” Karnataka Assembly said in a notification.
It said, “Such disqualification shall continue for a further period of six years since his release, unless the conviction is stayed by a competent Court.”
A special CBI court in Hyderabad on Tuesday convicted Reddy and three others in the Obulapuram Mining Company (OMC) illegal iron ore mining case after a prolonged legal battle spanning nearly 14 years.
The court sentenced them to seven years rigorous imprisonment and imposed a fine of Rs 10,000 on each.
Reddy was named accused number two. The court also imposed a Rs 1 lakh fine on the company.
Soon after the judgment, the CBI took Janardhana Reddy and others into custody, and were shifted to the prison.
Janardhana Reddy had formed the Kalyana Rajya Pragati Paksha (KRPP) ahead of the Assembly polls in 2023, snapping his two-decade-old association with the BJP, and won the Gangavati assembly seat.
He, however, rejoined the BJP ahead of the 2024 Lok Sabha polls by merging his outfit with the saffron party.
