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SC dismisses `untouchability` allegation against E K Nayanar
New Delhi, Feb 28: In a major relief to former Kerala chief minister E K Nayanar, the Supreme Court has dismissed an appeal by a Congress MLA challenging a high court order holding that the chief minister, who had called him a Harijan, had not insulted him on ground of untouchability.
New Delhi, Feb 28: In a major relief to former Kerala chief minister E K Nayanar, the Supreme Court has dismissed an appeal by a Congress MLA challenging a high court order holding that the chief minister, who had called him a Harijan, had not insulted him on ground of untouchability.
Referring to the alleged derogatory words -- that !Harijan, one Kuttappan, he was dancing on the table --, the Supreme Court said ''by no stretch of imagination it can be concluded that by uttering those words he either insulted or attempted to insult the appellant on ground of untouchability.''
The high court had held that the alleged utterance did not amount to insulting or an attempt to insult Congress MLA M A Kuttappan on the ground of untouchability so as to attract the penal provisions of the protection of civil rights act. In his speech at a Left Democratic Front convention at Thalassery on September 20, 1996, the then chief minister had allegedly made certain disparaging observations emphasising that the complainant was ''a lower and inferior category of MLA being a member of a scheduled caste.''
''There is an MLA, Kuttappan, that Harijan MLA, he climbed over the table and was dancing. Is this the democratic manners of Antony?,'' the CPI(M) leader was alleged to have told the gathering.
A special court took cognizance of the complaint under the Scheduled Castes and Scheduled Tribes (prevention of atrocities) Act and protection of civil rights act and summoned Nayanar to stand trial. The high court quashed the order holding that no offence was made under either of the acts.
Ruling out any offence under protection of Civil Rights Act, the Supreme Court said the appellant was neither insulted nor attempted to be insulted on the ground of untouchability.
On charges under SC and ST Act, the court said the special judge could not entertain the complaint directly without being committed to it by a competent magistrate. However, it was open to the appellant to file a complaint before a competent magistrate, a division bench comprising Justice N Santosh Hegde and Justice B P Singh said.
Bureau Report
The high court had held that the alleged utterance did not amount to insulting or an attempt to insult Congress MLA M A Kuttappan on the ground of untouchability so as to attract the penal provisions of the protection of civil rights act. In his speech at a Left Democratic Front convention at Thalassery on September 20, 1996, the then chief minister had allegedly made certain disparaging observations emphasising that the complainant was ''a lower and inferior category of MLA being a member of a scheduled caste.''
''There is an MLA, Kuttappan, that Harijan MLA, he climbed over the table and was dancing. Is this the democratic manners of Antony?,'' the CPI(M) leader was alleged to have told the gathering.
A special court took cognizance of the complaint under the Scheduled Castes and Scheduled Tribes (prevention of atrocities) Act and protection of civil rights act and summoned Nayanar to stand trial. The high court quashed the order holding that no offence was made under either of the acts.
Ruling out any offence under protection of Civil Rights Act, the Supreme Court said the appellant was neither insulted nor attempted to be insulted on the ground of untouchability.
On charges under SC and ST Act, the court said the special judge could not entertain the complaint directly without being committed to it by a competent magistrate. However, it was open to the appellant to file a complaint before a competent magistrate, a division bench comprising Justice N Santosh Hegde and Justice B P Singh said.
Bureau Report