Thursday, June 28, 2018

Rule of law against rule of lord

Case Details of File Number: 963/10/1/2014
Diary Number
Name of the Complainant

Name of the Victim

Place of Incident

Date of Incident
Not Mentioned
Direction issued by the Commission
These proceedings should be read in continuation of the earlier proceedings of the Commission dated10.1.2018. The complainant had alleged that the priest of Rudreshwara Swami Temple assaulted a dalit boy who had gone there for prasadam. The boy was seriously injured. No FIR was registered by the police. It has been prayed to register the case under SC/ST (POA) Act 1989 and appropriate action in the matter. Pursuant to the directions of the Commission, the Superintendent of Police, Bengaluru vide communication dated 28.2.2017 has forwarded the report dated 27.2.2017 of the Dy.SP Nelamangala which reveals that on 21.10.2014 at about 12.30 hours one Sri Sakubettaiah appeared in Nelamangala Town PS and lodged complaint stating that his son Santosh was beaten by priest of temple. He belongs to Scheduled Caste. On receipt of complaint Nelamangala Town PS case crime No. 266/2014 u/s 323/ 504 IPC and 3 cl(10) (14) SC/ST Act was registered. During investigation accused Vijay Kumar was arrested and remanded to judicial custody. After completion of investigation charge-sheet was submitted in the Court. The case was fixed on 21.4.2017 for hearing before charge. The report further discloses that the D.C. Bengaluru has sanctioned Rs.25,000/- on 23.10.2014 for medical expenses and Rs.1,25,000/- on 4.12.2014 as compensation to the victim. Vide proceedings dated 21.8.2017, the Commission directed the D.C., Bengaluru, Rural, to submit report within six weeks about payment of medical expenses and compensation to the victim Santosh s/o Sakubettaiah alongwith proof of payment. However, the report regarding payment of medical expenses and compensation to the victim has not been received till now. From perusal of case file, it appears that the FIR was lodged on 21.10.2014 (date of incident has not been specifically mentioned). Sl. No. 14 of the Schedule Annexure-1 amended SC/ST(POA) Rules, 1995 which is effective from 23.6.2014 reads as under:- Sl No. Name of the offence 14 Denial of customary rights of passage [section 3(1)(xiv))] Minimum amount of relief : Upto three lakh seventy five thousand or full cost of restoration of right of passage and full compensation of the loss suffered, if any. Payment of 50% when charge sheet is sent to the court and 50% on conviction in lower-court. The Commission has considered the matter. The D.C. Bengaluru, Rural is directed to appear in person alongwith report regarding payment of medical expenses and compensation to the victim Santosh, before the Commission during its camp sitting on 26/27.7.2018 at Bengaluru. He is further directed to apply amended Rules of SC/ST (POA) RuleS, 1995 and to take appropriate steps for payment of balance amount of compensation in accordance with law and also submit report in this regard on said date. The Registry is directed to list this matter on 26/27.7.2018 during camp sitting of the Commission at Bengaluru (Karnataka). The parties be informed accordingly.
Action Taken
Additional Information Called for (Dated 6/7/2018 )
Status on 6/28/2018
Response from concerned authority is awaited.

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