Tamil Nadu: Madras HC Quashes DSP’s Remand In ‘SC-ST Act’ Case, District Judge’s Role Under Probe

The Madras High Court on Tuesday (9 September) set aside the order of the Principal District and Sessions Judge (PDJ) in Kancheepuram, who had remanded DSP Shankar Ganesh in connection with inaction in a SC/ST (Prevention of Atrocities) Act case, The New Indian Express reported.

The court also quashed the externment order issued on 4 September against police head constable Lokeswaran Ravi, who had served as the personal security officer (PSO) to the district judge.

Justice N Sathish Kumar directed the registrar of the High Court’s vigilance wing to conduct an inquiry into the episode and submit a report by 23 September. The court further ordered that DSP Ganesh be released immediately.

Observing the procedural lapses, Justice Kumar noted, “While taking any action or cognisance against a public servant under Section 4 of the SC/ST Act, unless there is a definite administrative recommendation or a positive finding of negligence under the SC/ST Act, the proceedings cannot be automatically initiated as a matter of right.”

Citing Supreme Court precedent, the judge underlined that an administrative inquiry recommendation is a “sine qua non” (essential) for initiating penal action.

He stressed that failure to promptly carry out directions issued by the PDJ in relation to externment could not by itself constitute an offence under Section 4(2) of the Act.

Additional Public Prosecutor KMD Muhilan, representing the DSP, argued that the PDJ acted with personal motive after Ravi requested to be relieved of his duties as PSO.

He alleged the judge had retaliated by ordering a case under the SC/ST Act against Ravi’s father-in-law, despite the matter having been amicably settled.

Declaring the externment order “totally unwarranted”, Justice Kumar clarified that such action under Section 10 of the Act requires either a complaint or a police report, neither of which had been established in this instance.

The court ordered the registrar of the High Court’s vigilance wing to hold an inquiry into the matter and submit a report by 23 September. It also ordered the DSP to be set at liberty immediately.

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