Karnataka HC denounces misuse of SC/ST Act, IPC clogging justice delivery system
Bengaluru (PTI): Calling it a classic example of misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Karnataka High Court has quashed a case filed against two brothers who are in their fifties over a property dispute.
The court said false cases under the SC/ST Act and Indian Penal Code (IPC) are clogging the criminal justice system.
"This case would form a classic illustration of misuse of the provisions of the Act and the penal provisions under the IPC. It is such cases which clog the criminal justice system and consume considerable time of the Courts, be it the Magistrates Court, Court of Session or this Court, while genuine cases where litigants have actually suffered would be waiting in the pipeline," it said.
"On the entire gamut of consideration made hereinabove, what would unmistakably emerge is misuse and abuse of the provisions of the Act. This case forms a classic illustration of scores and scores of cases where the provisions of the Act are misused for ulterior motives or pressurise the accused in collateral proceedings," Justice M Nagaprasanna said in a recent judgement on a petition filed by Rasik Lal Patel and Purushothama Patel.
The father of the petitioners, K J Patel, had purchased the property from one Krishnamurthy over 50 years ago. Krishnamurthy's son Purushotham has been fighting a civil case over the property against the brothers.
In 2018, he registered a complaint against them and they were booked under the SC/ST Atrocities Act and the IPC. They challenged it before the HC.
The counsel for the brothers argued before the HC that the petitioners have been in possession of the property for the last 50 years and that the family of the complainant is completely aware of all these factors.
"The matter which is purely civil in nature is sought to be given a colour of crime, as the complainant himself is before the civil court seeking partition of the very properties and the petitioners are before the civil court seeking injunction against the complainant," she said.
Pointing that the civil case has been given a criminal colour, Justice Nagaprasanna said: "If the impugned crime is not a case where a civil proceeding is dressed with a colour of crime, I fail to understand what else it can be."
The HC said the criminal case cannot be allowed to continue. "None of the offences either under the IPC or under the Act are present even on their foundational basis, let alone building a castle on such a foundation. In the teeth of aforesaid facts, if further proceedings are permitted to continue, it would be putting a premium on the abuse of the process of law by the complainant in a manner which on the face of it is civil in nature."
Purushotham had claimed that fake documents had been used in the property transaction that took place 50 years ago. The HC dismissed this contention stating that they have been in public domain for 50 years and were never challenged.
Allowing the petition and quashing the criminal case against the brothers, the HC said: "Therefore, such cases, which on the face of it is an abuse of the process of the law, are necessarily required to be nipped, failing which, it would be a heavy burden on the criminal justice system, apart from it becoming a harassment to the petitioners and ultimately resulting in miscarriage of justice."
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
