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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 30TH DAY OF MARCH 2015

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION No.15335/2013

Between:

Smt. Jayshree W/o MarularaghyaAge: 49 years, Occ: HouseholdR/o H.No.11-1400-59/6,Basava Sada, Shivanagar,Biddapur Colony, Afzalpur Road,Gulbarga.

… Petitioner

(By Sri Shivanand Patil, Advocate)

And:

1. The StateThrough Brahmapur P.S.

2. The StateThrough DYSP Dist. Civil Rights,Enforcement Cell, Gulbarga.

… Respondents

(By Sri Maqbool Ahmed, HCGP for R1, Sri C. Jagadish Advocate for R2)

R

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This Criminal Petition is filed under Section 482 Cr.P.C.,praying to quash the entire Criminal Proceedings against thepetitioner in Crime No.90/2012 of Brahmapur Police Station,Gulbarga.

This petition coming on for hearing this day, the Courtmade the following:

O R D E R

The petitioner has sought for quashing of entire

proceedings registered against her in Crime No.90/2012

of Brahmapur police station, Gulbarga, for the offence

punishable under Sections 198, 420, 465, 468 & 471 of

IPC and under Section 3(1)(ix) of Scheduled Caste and

Scheduled Tribe (Prevention of Atrocities) Act.

2. I have heard the arguments of the learned

counsel for the petitioner. Sri C.Jagadish, Advocate has

filed a memo of appearance on behalf of respondent

No.2. The learned High Court Government Pleader

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appearing for respondent No.1 has in fact assisted the

Court in disposing of the matter.

3. It is the case of the prosecution that on

27.07.2012 at about 20.00 hours, the Deputy

Superintendent of Police, Civil Rights Enforcement Cell

Directorate, Gulbarga, lodged a First Information Report

stating that one Sri Baburo Badiger, Principal Secretary,

SC/ST Civil Rights Protection State Committee has

informed making allegations against 81 persons

particularly showing name of the petitioner at item No.46,

alleging that this petitioner was working as a Junior

Assistant in KSRTC Divisional Office at Gulbarga. On

13.12.1986 she obtained a caste certificate specifically

mentioning her caste as “Beda Jangama” recognized as

scheduled caste. On the basis of such caste certificate

issued by the City Corporation of Gulbarga, she

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persuaded the KSRTC Department and obtained a job.

Therefore, it is alleged that she committed the offences

under the above said provisions. It is also alleged that

complainant herself has sent the said caste certificate to

the State Level Caste Verification Committee on

11.10.1999 and the said application was referred to the

District Committee on 04.07.2000. It is further stated

that the Deputy Commissioner-cum-President, District

Verification Committee, Gulbarga, has given a report that

the said lady (petitioner herein) due to her ill health she

voluntarily submitted the resignation to the concerned

Department, therefore, the said application was disposed

of without passing any order on merits. It is also stated in

the complaint that the City Corporation of Gulbarga, vide

its circular dated 21.08.1989 cancelled all the caste

certificates issued by them. Prior to the constitution of

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the committee by virtue of the directions of the State

Government, authorities who have issued the certificates

had competency to cancel the same. On that ground

holding that according to the Government circular the

certificate issued so far as petitioner is concerned has

been cancelled. Therefore, there is no necessity for once

again referring the certificate to the committee for

consideration, as such, it is a fit case, wherein the criminal

prosecution can be launched on such basis.

4. It appears on the above FIR, the police have

registered the case and taken up the investigation. At this

juncture, when the case was registered in Crime

No.90/2012 for the above said offences, the petitioner

has approached this Court. On 04.06.2013, this Court has

granted an order of stay of further proceedings, as such

the investigation should not have been proceeded with.

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5. The two important legal points raised by the

learned counsel for the petitioner before this Court are

that,

(i) without any order by the District

Verification Committee there cannot be

launching of any criminal prosecution

under Rule 7-A of the Karnataka

Scheduled Castes, Scheduled Tribes and

Other Backward Classes (Reservation of

Appointments, Etc.) (Amendment) Rules,

1993 (for short “the Rules”).

(ii) It is contended that though the City

Corporation Gulbarga, has issued a circular

or notification dated 21.08.1989, it is an

omnibus circular and the said circular has

been considered by this Court in the earlier

writ petition filed by several Beda Jangama,

Budga Jangama and Mala Jangama, Samaja

Samstha, represented by its President in

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Writ Petition No.18012/1989 with

connected matters, wherein this Court has

categorically ruled that, irrespective of any

circulars or any orders passed by any

authorities, the committee has to be

constituted and the committee has to verify

the caste certificate and thereafter only the

criminal proceedings, if necessary, to be

launched.

6. The learned High Court Government Pleader

contended that the Government has also issued a circular

in No.47/S.A.D/5/Bangalore dated 30.06.2007 stating

that prior to 1993, if any caste certificate were obtained

and subsequently if any dispute arises with regard to the

caste certificate, then District Caste Verification

Committee has no jurisdiction to decide the same.

However, the authority who have actually issued that

certificates have got power to decide the validity of the

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certificate. Therefore, he contends that, in the year 1989

vide order dated 21.08.1989, the City Corporation of

Gulbarga, has issued a circular declaring all the caste

certificate issued by it, were cancelled and particularly this

petitioner has obtained the caste certificate in the year

1986. The said certificate is also covered under the

notification or the circular dated 21.08.1989. Therefore,

the police investigated the matter and launched the

prosecution as if there was no need of any verdict by the

District Caste Verification Committee.

7. In view of the above said submissions, now

let me consider what exactly Rule 7-A of the Karnataka

Scheduled Castes, Scheduled Tribes and Other Backward

Classes (Reservation of Appointments, Etc.)

(Amendment) Rules, 1993 says. Prior to that, Rule 4 of

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the Rules also play an important role in this case. Rule 4

of the Rules says that;

4. Caste Verification Committee . – (1) There shall be

a committee called the Caste Verification Committee for

each district to verify the caste certificate issued in respect

of the persons belonging to Scheduled Castes and

Scheduled Tribes. The committee shall consist of the

following members namely:-

(1) The Deputy Commissioner of the District who

shall be the Chairman;

(2) The Deputy Secretary (Administration) of the

Zilla Panchayat;

(3) The Tahsildar of Taluk;

(4) The District Social Welfare Officer who shall be

the Member Secretary.

8. Rule 7 imposes the responsibility on the

committee, which says as follows;

“7. Issue of Validity Certificate. – (1) After getting a

report on a reference made under Rule 6-A, the Caste

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Verification Committee and the Caste and Income

Verification Committee shall hold an enquiry after

giving opportunity to the parties concerned.

(2) The Committee may examine school

records, birth registration certificate if any, and such

other relevant materials and may also examine any

other person who has the knowledge of the community

of the applicant;

Provided that in case of an applicant who

belongs to the Scheduled Tribes, the Committee may

also examine the anthropological and ethnological

traits, deity, rituals, customs, mode of marriage, death

ceremonies, method of burial of dead bodies and such

other matters.

(3) If on such enquiry the Committee finds that

the applicants claim is genuine it may issue the

certificate sought for, in Form I-A, but where the

committee finds that the applicant obtained the Caste

Certificate or Income and Caste Certificate by making

a false representation, it shall pass an order rejecting

the application indicating the reasons therefor for such

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refusal. An order under this sub-rule shall be passed

within one month from the date of receipt of the

application.

(4) Where the Committee even after the enquiry

referred to in sub-rules (2) and (3) finds that the claim

is doubtful, and is not in a position to come to a

conclusion it shall refer the matter to the Directorate of

Civil Rights Enforcement for detailed investigation

and report. On receipt of the report from the

Directorate of Civil Rights Enforcement, the

Committee shall dispose off the case on merit, after

holding such enquiry as it deems fit and after giving

the applicant an opportunity of being heard. An order

under this sub-rule shall be made within one month

from the date of receipt of the application.

(5) Any person aggrieved by an order of the

Caste Verification Committee or Caste and Income

Verification Committee may appeal to the Divisional

Commissioner. The Divisional Commissioner shall

after giving an opportunity of being heard to both the

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parties pass such order as he deems fit within forty-five

days from the date of filing of such appeal”.

Rule 7-A of the said Rules, in my opinion is dependant

upon the proceedings contemplated under 7 of the Rules.

Rule 7-A says that.

“7-A. Prosecution for obtaining false caste

certificate. – (1) The Caste Verification Committee or

the Caste and Income Verification Committee, as the

case may be and the Divisional Commissioner, shall

send a copy of the order rejecting claim of the applicant

for grant of Validity Certificate or, as the case may be,

a copy of the order in appeal rejecting such claim, to

the Directorate of Civil Rights Enforcement.

(2) The Directorate of Civil Rights

Enforcement shall take steps to prosecute such

claimant who has obtained a false Caste Certificate”.

9. On plain reading of the above said provision

under Rule 7 and 7-A of the Rules it clearly disclose that

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only after the enquiry under Rule 7 of the Rules by the

competent District Caste Verification Committee, the

said committee or the appellate authority have to send

their report to the Directorate of Civil Rights

Enforcement and thereafter only, the Directorate of Civil

Rights Enforcement shall take steps to prosecute the

persons who falsely obtained the certificate. Therefore,

the above said provision clearly disclose that preliminary

enquiry is contemplated under Rule 7 of the Rules by the

District Caste Verification Committee before which no

prosecution is contemplated under Rule 7-A of the Rules.

In this particular case, it is clear that the Dy.SP.,

Directorate of Civil Rights Enforcement, Gulbarga has

registered the case without there being any order passed

after enquiry under Rule 7 by the District Caste

Verification Committee and there is no material in the

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FIR itself that Caste Verification Committee or the

appellate authority passed any order and have sent any

copy of the order by rejecting the claim or declaring that

Caste Certificate of the petitioner is false or fake, and it

requires prosecution and Directorate is empowered to

prosecute such person. Therefore, without there being

any direction from the District Caste Verification

Committee independently, the Directorate of Civil Rights

Enforcement has no jurisdiction to directly investigate

into the matter and file any charge sheet to the Court

when the procedure as contemplated under the Rules are

not followed.

10. Now let me come to other important aspect.

According to the respondents, the Caste Verification

Committee has already disposed off the application filed

by the petitioner, on her request that she has already

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voluntarily resigned the job, therefore, the matter has to

be closed. It goes without saying that the District Caste

Verification Committee has not at all followed the

procedure contemplated under Rule 7 in order to

ascertain as to whether the certificate obtained by the

petitioner was a false, fake or forged certificate or it is not

an authenticated document issued by the competent

authority and only for the purpose of getting a job, she

has manipulated the said document and produced before

the competent authority. For that, under Rule 7 an

elaborate procedure is contemplated for the purpose of

ascertaining as to the genuinity of such document.

Particularly, the said provision empowers the committee

to ascertain whether such person belongs to the said caste

or not. For that enquiry contemplated clearly discloses

that the committee can consider any other material and

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may also examine any person and also examine the

anthropological and ethnological traits, deity, rituals,

customs, mode of marriage, death ceremonies, method of

burial of dead bodies and such other matters. These

provisions clearly indicate that a person who actually

belonging to the said community, merely because of some

discrepancy in the certificate should not be unnecessarily

harassed and that is the object of the above said rule. In

my opinion, those procedures should be very strictly

complied with. The Deputy Commissioner being the

Chairman of the said Committee could not have closed

the application merely because the said lady resigned the

job or made an application for closing the proceedings. It

is mere closure of the said proceedings without

ascertaining and adjudicating the point as to whether the

said certificate is genuine one or fake or fabricated

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document. Irrespective claim of the petitioner, the

committee and the appellate authorities are duty bound to

adjudicate the case when it is called in question, under

Rule 7 of the said Rules, when statute under Rule 7-A

further contemplates that, if any offence being committed

with reference to the said certificate then the person is

liable for prosecution. Therefore, irrespective of

intention of the parties, it is incumbent upon the

committee to decide as to whether such document is

genuine or fake or it is a forged document. If such

proceedings have not been concluded with an

adjudicatory report and merely on the basis of closing of

the application, no authority can infer that the said

document is a false or fake document, to invoke the

provisions under the Rule 7-A of the Rules. In this case,

when such an adjudicatory order is not passed by the

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District Committee, the Directorate of Civil Rights

Enforcement has no jurisdiction to invoke Rule 7-A of

the said rules to prosecute the petitioner. Therefore, in

my opinion, initiation of such criminal proceedings is

premature one.

11. Now coming to the other important aspects

with regard to the circular issued by the Government on

30.06.2007 and also notification or circular issued by the

Corporation City of Gulbarga dated 21.08.1989, this

particular aspect is no more res-integra by virtue of the

decision of this Court in W.P.No.18012/1989 and

connected matters, dated 27.01.1995, wherein the said

notification dated 21.08.1989 was called in question.

Though this petitioner was not a specific party to the said

proceedings but a Samstha constituted for the welfare of

the Mala Jangam, Beda Jangam, Budga Jangam Samaja

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Samstha have filed petition before the Court in the said

case. In the said case, similar set of facts were involved.

The Court at paragraph-2 has culled out the categories of

cases pending before the High Court which are as

follows:

“(i) Cases where caste certificates had been

issued, but subsequently withdrawn, cancelled or

suspended;

(ii) Application for caste certificates have been

rejected on the basis of the impugned circulars, but

subsequently caste certificates have been issued

pursuant to the interim orders granted by this Court

and in some cases, interim orders have not been

granted.

(iii) Applications for issue of caste certificates

are still pending.

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(iv) Prosecution has been launched on the basis

of the C.O.D. reports that caste certificates have been

obtained by playing fraud.”

12. So far as this case is concerned, item Nos.1

and 4 are applicable. In this case also caste certificate had

been issued by the Corporation City Gulbarga and

subsequently, on 21.08.1989, the same has been cancelled

in an omnibus circular issued by it. In fact, the said

Circular dated 21.08.1989 issued by the Corporation City

Gulbarga was the subject matter in the High Court in the

above said writ petitions. After analyzing the circular

issued by the Government from time to time and also the

notification issued by the different authorities, the Court

has ultimately held in the following manner:

“The Supreme Court having examined the

question of recognizing the caste status of a person and

prescribed the procedure thereto, the entire matter will

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have to be re-examined in that light. Therefore, the

learned Advocate General submits the State will

constitute a Committee as contemplated in the said

decision and that Committee will be free to decide the

same and unhampered by any of the circulars issued by

the Government.

In view of this undertaking given, it is not

necessary to quash the impugned circulars. All that

needs to be noticed is, the Committee to be constituted

as directed by the Supreme Court shall not be bound

by any of the circulars. The learned Advocate General

also submits that such Committee will be constituted

within a period of six weeks from today. Recording

his submission, these petitions will have to be disposed

of. Whatever may have been the stage of proceedings,

whether the certificates have been issued, cancelled,

suspended or whether any certificates have been issued

pursuant to the interim orders granted by this Court or

applications for issue of caste certificates are pending

before the authorities or cases where prosecution has

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been launched on the basis of the C.O.D. reports shall

all be governed by this order and any interim order

granted by this Court shall enure to the benefit of the

petitioners during the pendency of the proceedings before

the concerned Committee. Notwithstanding the

endorsement given to the petitioners, the matter shall

be reconsidered by the said Committee irrespective of

the circulars issued by the Government. Similarly

where applications have not been disposed off the

concerned officers shall bear in mind the said decision

of the Supreme Court and dispose off the applications

without reference to any of the circulars. The

authorities concerned have got to dispose of the matters

as expeditiously as possible. Depending upon the

outcome of the proceedings before the authorities,

further steps have to be taken including continuation of

prosecutions.”

13. The above said observation made by this

Court abundantly makes it clear that after constitution of

the committee by the government, there cannot be any

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circulars be issued empowering any parallel authorities

either to cancel the certificate, suspend the certificate or

to pass any orders with regard to the genuinety of such

certificates. Therefore, the argument of the learned High

Court Government Pleader that the Government has

issued notification dated 30.06.2007 stating that caste

certificates issued prior to 1993 can be cancelled by the

same authorities holds no water. The Government has

absolutely no power to issue such circular in utter

disregard to the decision rendered by this Court.

Perhaps, having come to know of this aspect, the

government vide its further Notification No.¸ÀPÀE 44

J¸ïJr 2008 É̈AUÀ¼ÀÆgÀÄ dated 06.05.2009 has cancelled the

earlier notification dated 30.06.2007.

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14. Therefore, looking from the above said facts

and circumstances, so far as this case is concerned, as I

have already narrated that Caste Verification Committee

has not at all decided the genuinety, falsity, fakeness or

forgery of the caste certificate pertaining to the petitioner.

The complaint itself shows that the Deputy

Commissioner-cum-President of the Committee has

simply closed the case of the petitioner. Therefore, it is

incumbent upon the Directorate of Civil Rights

Enforcement to initiate the proceedings as per Rule 7-A

of the Rules only after getting the report from the District

Caste Verification Committee. Respondent No.2 is at

liberty to initiate the proceedings if necessary, only after

any report is received by him under Rule 7 of the Rules.

15. With these observations, I am of the opinion

that the case registered against the petitioner in Crime

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No.90/2012 for the above said offences does not survive

and the same deserves to be quashed. However, as I have

said, quashment of the present proceedings would not

obstruct the said authorities in initiating the proceedings

in accordance with law after following the procedure

contemplated under Rule 7 and 7-A of the Rules.

Accordingly, the petition is allowed. Consequently,

all further proceedings in Crime No.90/2012 of

Brahmapur Police Station, are hereby quashed.

Sd/-JUDGE

MSR/NB