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The Kerala High Court on Friday quashed the criminal proceedings against the four accused, who allegedly sprinkled water laced with cow dung in the office of the Inspector General (Registration), for the offence of atrocity, under the Scheduled Castes and Tribes (Prevention of Atrocities) Act.
However, the court directed the Vanchiyoor police to proceed the case against the accused under Section 451 of the IPC (trespass) and has asked to file a final report.
Justice S S Satheesachandran passed the order while considering the petitions filed by Karthikeyan of Kadakampalli, Girish Kumar of Kachani, Subu Kuttizhai and M Sreevishakh of Petta, seeking a directive to quash the criminal proceedings against them.
The office of former IG (Registration) A K Ramakrishnan, was allegedly ‘cleansed’ by some employees, by sprinkling water laced with cow dung, soon after he retired from service. According to a complaint filed by Ramakrishnan, the ‘purification ceremony’ was performed as he belonged to an SC community and it amounted to the violation of his human rights and civil liberties.
However, counsel for the petitioners, Blaze K Jose, submitted that the complete absence of factual basis to constitute the offence under the SC/ST Act, and the criminal proceedings lodged against the petitioners should be quashed, he said.
Considering the submissions, the court pointed out that cow dung is an animal waste, where as the Act has clearly indicated that it is the dumping of human excreta with the intend to cause injury to any member of the SC/ST, on his premise, that would amount to offence.
The allegation against the petitioners does not satisfy the conditions that will constitute the offence of atrocity, the court held.
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