LI Network
Published on: January 12, 2024 at 00:30 IST
The Madras High Court rejected a petition by Murasoli Trust challenging a notice from the National Commission for Scheduled Caste (NCSC), deeming the trust’s actions unnecessary. The Court asserted that the commission was acting within its jurisdiction.
Justice SM Subramaniam commented, “But this court is of the opinion that on receipt of the notice itself, to approach this Constitutional Court for an order to restrain the NCSC to proceed with the natural course of inquiry, is an unnecessary act of haste and is uncalled for. All the more, it is not a case of complete lack of jurisdiction or where an inquiry is inconsistent with the principles of natural justice.”
Justice Subramaniam highlighted that the NCSC is a constitutional body aimed at benefiting socially disadvantaged groups.
The Court clarified that the NCSC possesses the powers of a civil court, including summoning, receiving evidence, requisitioning public records, issuing commissions, and other constitutional powers. Thus, the court stated that the commission acted within its authority when addressing a complaint regarding the legal rights of Scheduled Caste members.
Background:
Dr. Srinivasan filed a complaint with the NCSC, alleging that Murasoli Trust occupied Panchami land assigned to Scheduled Caste individuals, which was unlawfully transferred. The Trust argued that the commission lacked the power to declare the title of an immovable property, and the NCSC had no jurisdiction over land, a matter on the State List. The complaint was also challenged as politically motivated.
The Additional Solicitor General argued that the NCSC has the authority to inquire into land matters, particularly if fraud or abuse of power is involved in transferring Panchami land. The court agreed, emphasizing that the NCSC has the power to investigate all matters related to the safeguards for Scheduled Castes, including land matters.
Despite dismissing the plea on grounds of malafides or political vendetta, the court directed the NCSC to issue a fresh notice to the parties, considering the notice was originally directed to the then Vice-Chairman, Dr. L Murugan, who has since become a minister.
The Court instructed the NCSC to proceed with the inquiry, providing an opportunity to all parties and issuing appropriate orders.