Chennai-  The Madras High Court has expressed strong displeasure over police negligence in cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). In a significant ruling, Justice P. Velmurugan directed the police to strictly comply with the provisions of the SC/ST Act, emphasizing that if a complaint discloses a cognizable offense under the law, an FIR must be registered immediately without any preliminary inquiry.

The case pertains to Muniraj, a differently-abled man from the SC community in Hosur taluk, Krishnagiri district. Muniraj petitioned the court, stating that his mother was allotted 2.90 acres of land in 1997 under the Tamil Nadu Land Ceiling Scheme, which he had been cultivating for years. However, some individuals allegedly forged documents in an attempt to grab his land, prompting Muniraj to file a civil suit in Hosur court.

On August 6, 2024, Muniraj accused a group of armed men of trespassing onto his property, damaging his house, and threatening to kill him while hurling caste-based slurs. He immediately approached the Hosur Town Police Station to file a complaint but alleged that the inspector tore up his written complaint and forced him to sign a new one. When no action was taken, Muniraj moved the Judicial Magistrate under Section 156(3) of the CrPC.

On February 24, 2025, the Judicial Magistrate directed the police to register an FIR and investigate. However, the police conducted a preliminary inquiry through an inspector and submitted a report claiming no evidence was found. Dissatisfied, Muniraj approached the High Court.

Justice Velmurugan ruled that preliminary inquiries are impermissible in SC/ST Act cases. The court clarified that under Section 18A(1)(a) of the Act, if a complaint discloses a cognizable offense, the police must register an FIR without delay. The magistrate’s order for a preliminary inquiry was illegal.

The court also noted that investigations under the SC/ST Act must be conducted only by a Deputy Superintendent of Police (DSP) or higher-ranking officers. However, in this case, an inspector handled the probe, violating the rules. Additionally, the magistrate should have forwarded the case to the special court designated under the SC/ST Act instead of adjudicating it.

The court ordered the Hosur police to register an FIR based on Muniraj’s complaint within two weeks. The court emphasized that only a DSP or above must conduct the probe. Police must complete the investigation and file a charge sheet before the special court within 60 days. The Tamil Nadu DGP was directed to circulate the order to all district SPs, ensuring strict adherence to SC/ST Act provisions.

Rule 7 of the SC/ST (Prevention of Atrocities) Act - Explained

Rule 7 of the SC/ST (Prevention of Atrocities) Rules, 1995 mandates that any investigation into offenses under this Act must be conducted by a Deputy Superintendent of Police (DSP) or an officer of higher rank. This rule ensures that cases involving atrocities against Scheduled Castes and Scheduled Tribes are handled with seriousness, expertise, and impartiality by senior police officials.

Additionally, Rule 7(2) requires the investigating officer to complete the probe and file a chargesheet before the Special Court within 60 days. This provision is designed to prevent delays in justice and ensure swift legal action for victims of caste-based discrimination and violence. The strict timeline reinforces the Act's objective of providing immediate protection and redressal to marginalized communities.

By assigning investigations to higher-ranking officers and setting a fixed deadline, Rule 7 strengthens accountability and helps maintain public trust in the legal process concerning SC/ST rights.