Civil Rights Enforcement Cell Can't Take Up Suo Motu Investigation Over Validity Of Caste Certificates: Karnataka High Court

The Karnataka High Court has observed that the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into cases related to validity of caste certificates."....the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate of the petitioner," Justice M Nagaprasanna said while allowing a petition filed by one T H Hosamani. “The statute is unambiguous with regard to the power of the Civil Rights Enforcement Cell emerging only upon a reference being made by the District Caste Verification Committee. Therefore, the proceedings that have now emerged from the hands of the Civil Rights Enforcement Cell and all action in its aftermath would become a nullity in law," the Court said.Hosamani was appointed as an Assistant Teacher in Harohalli Vidya Samste, an aided institution, against an aided post, on the strength of a caste certificate depicting him to be belonging to Bhovi caste. On 16.07.2007, a complaint was filed by a Tashildar before the Civil Rights Enforcement Cell, alleging that Hosamani had obtained a false caste certificate stating that he belonged to Scheduled Caste-Bhovi, though he belonged to Gangamata community. The Civil Rights Enforcement Cell, suo motu, instituted proceedings on the complaint and directed investigation into the matter by the Deputy Superintendent of Police of the Cell.It was Hosamani's case that the investigation was conducted without notifying him and the result was the direction to the District Caste Verification Committee to initiate proceedings towards cancellation of the caste certificate. Based upon the said report, the District Caste Verification Committee initiated proceedings, in which the certificate was cancelled and a crime was registered. The counsel appearing for Hosamani submitted that the Civil Rights Enforcement Cell did not have jurisdiction to conduct a suo motu investigation upon a complaint, unless the Caste Verification Committee had directed it to do so.The bench noted that Sub-Rule (4) of Rule 7 of the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments, Etc.,), Rules, 1992, mandates that the Civil Rights Enforcement Cell can spring into action only upon a reference being made by the District Caste Verification Committee to conduct an investigation with regard to the caste status of any person. “The very foundation for all the impugned action is the action of the Civil Rights Enforcement Cell. If such a foundation is contrary to law, the superstructure built upon such a foundation would necessarily tumble down," the Court said.Allowing the petition, the court directed that the terminal benefits of Hosamani, if they have been withheld, shall be released without brooking any delay. It is made clear that the subject caste certificate shall not be used by any family members of the petitioner for any benefit to claim that they belong to Scheduled Caste or Scheduled Tribe, in the peculiar facts of this case, the Court said.Appearance: Advocate Vijaykumar B for Advocate G K Hiregoudar for Petitioner.Advocate C Jagadish FOR R1 TO R5. Citation No: 2025 LiveLaw (Kar) 406Case Title: T H Hosamani AND State of Karnataka & Others Case No: WRIT PETITION NO. 109449 OF 2017Click Here To Read/Download Order

Civil Rights Enforcement Cell Can't Take Up Suo Motu Investigation Over Validity Of Caste Certificates: Karnataka High Court

Mustafa Plumber

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Mustafa Plumber

Civil Rights Enforcement Cell Can't Take Up Suo Motu Investigation Over Validity Of Caste Certificates: Karnataka High Court

Mustafa Plumber

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Mustafa Plumber

This is a premium content
Available exclusively to
Our subscribers