SC/ST Act: SC says people who are agitating have not read the order, refuses to stay its order
New Delhi: The Supreme Court on Tuesday declined to stay its ruling, which activists say has diluted a law aimed at preventing atrocities on Dalits and tribes, as it asserted that it wanted to protect innocent people from being punished.
A bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, however, said compensation can be paid to victims alleged atrocities under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, even without a FIR being registered.
Refusing to budge on its five directions issued on March 20, the court said: "We are not against the law or its implementation" and the directions in no way diluted the law but were aimed to protect the innocent people from being punished. It describe its direction for preliminary inquiry before an FIR is registered on a complaint as "filter".
"People who are agitating have not read the order. There is a lot of hearsay," observed Justice Goel.
"We are only concerned about innocent people being put behind bars. We are not against the Act at all. But innocents can't be punished on unilateral version. Why does government want people to be arrested without verification.?"
As Venugopal argued why SC/ST people will implicate anyone, the bench said: "Our approach is to protect innocent people. If there is an unverifiable allegation against an official, how will he function, how AG will function."
There is abuse of law not just by the SC/ST members, but by police, someone else or by some vested interest or purpose, said amicus curiae Amarendra Sharan.
Wondering at the arguments of the Central government for seeking review of March 20 judgment, he said that judgment was founded on the statistics of misuse and abuse of law furnished by the government during the course of the hearing.
He said that the March 20 directions in no way diluted, took away or struck down the provisions of SC/ST act and the sole motivating factor is protection of innocent.
Describing Article 14 (Equality before law) and Article 21 as core of the Constitution, Sharan said that "protection of a person under Article 21 is paramount".
Having clarified that non-registration of FIR would not come in the way of grant of compensation and its direction of PE in no way comes in the way of registering cases under penal offences and other statues, the court gave two days to different parties to the case to file written submissions and three days to file rejoinders as it directed the next hearing after two weeks.
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SC invalidates appointment of 25,753 teachers, other staff in West Bengal schools
New Delhi (PTI): In a major jolt to the West Bengal government, the Supreme Court on Thursday invalidated the appointment of 25,753 teachers and other staff in state-run and state-aided schools, and termed the entire selection process "vitiated and tainted".
A bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar upheld a Calcutta High Court verdict dated April 22, 2024, annulling the appointments and ordered the Trinamool Congress-led state government to initiate a fresh selection process to be concluded within three months.
"In our opinion, this is the case where the entire selection process is vitiated and tainted beyond resolution. Manipulations and frauds on a large scale, coupled with attempts to cover-up, have dented the selection process beyond repair.
"The credibility and legitimacy of selection are diluted, and accordingly, we have to keep it (order of the high court) with some modifications," the CJI said while pronouncing the verdict on as many as 127 petitions pertaining to the Calcutta High Court verdict.
The CJI also said the employees whose appointments have been annulled are not needed to return their salaries and other emoluments earned so far.
It, however, made relaxation for certain disabled employees on humanitarian grounds, saying they would remain in the job.
The bench fixed pleas, including the one filed by the West Bengal government challenging the high court direction for a CBI probe, for hearing on April 4.
The detailed judgement is awaited.
On February 10, the top court reserved its judgement on a batch of petitions in the matter and said that those who got jobs wrongly may be knocked out.
The top court commenced the final hearing on December 19 last year and heard the parties on January 15, 27 and February 10 before reserving its verdict on the politically-sensitive case.
Citing irregularities such as OMR sheet tampering and rank-jumping, the high court had invalidated the appointment of 25,753 teachers and non-teaching staff in state-run and state-aided schools in West Bengal.
On May 7 last year, the apex court stayed the high court's order over the appointments made by the state's School Service Commission (SSC).
The top court, however, permitted the CBI to continue with its probe into the matter.
The case stemmed from the alleged irregularities in the 2016 recruitment process conducted by the West Bengal SSC in which 23 lakh candidates appeared for 24,640 posts and a total of 25,753 appointment letters were issued.
The apex court had termed it a "systemic fraud".
The high court instructed those appointed outside the officially available 24,640 vacancies, those recruited after the expiry of the official date, and those who submitted blank OMR sheets but obtained appointments to return all the remunerations and benefits received by them with 12 per cent per interest.
Former West Bengal education minister Partha Chatterjee and Trinamool Congress MLAs Manik Bhattacharya and Jiban Krishna Saha are among the accused being probed in the recruitment scam.
