Kancheepuram DSP remanded in custody for failing to take action in SC/ST Act case

Kancheepuram Deputy Superintendent of Police (DSP) M. Sankar  Ganesh was on Monday ordered to be remanded in judicial custody by the Principal District and Sessions Judge for his alleged wilful failure to take action in a case booked under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Passing orders, the judge directed his staff to take the DSP in his official car to the sub-jail located on the campus. However, high drama unfolded as the DSP did not board the car. Instead, accompanied by a few police personnel, he was seen sprinting towards another vehicle. This led to apprehensions that he had escaped. However, half-an-hour later, he emerged in a police vehicle and proceeded to the sub-jail. Subsequently, he was taken to hospital for a medical check-up. Some police officers reportedly resisted his remand.

Suo motu cognisance

Judge Pa. U. Chemmal, who is also the designated special judge for the exclusive trial of cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, passed the order after taking suo motu cognisance of the matter.

The case relates to the assault on one Murugan by Sivakumar, a bakery owner, at Poosivakkam in the Walajabad police limits on July 25. Murugan had apparently complained that a piece of cake he had purchased was stale. This led to a quarrel. Murugan, who belongs to the Scheduled Caste, filed a complaint, but no action was taken.

The judge said the Station House Officer (SHO), Walajabad police station, failed to comply with the Section 18 A (a) (preliminary inquiry shall not be required for registration of a First Information Report against any person under the Act). The complainant was uneducated and had no knowledge of the Act. The SHO failed to comply with Section 18 A (a) of the Act. Furthermore, the Superintendent of Police (SP), Kancheepuram district, appointed Sankar Ganesh as an investigating officer in this case. And the DSP, too, did not comply with the statutory mandate. He had neither arrested the accused persons nor taken steps to serve the copies of the order on the accused persons in compliance with the provisions of the Act. Furthermore, the FIR was not in compliance with Section 18 A (a).

‘Duties wilfully neglected’

Holding that the DSP wilfully neglected the duties mandated by the Act, the judge said, “It is pertinent to mention that SP K. Shanmugham had also wilfully failed to comply with a rule of the Act. He had not reviewed the order of this court so far and had not monitored the case, which was registered on August 20, that too, after a delay of 27 days... These two persons may simply escape by claiming that administrative recommendation is mandatory for framing charges.” 

On Monday, the DSP appeared before the court and did not file any status report as ordered by the judge. Mr. Chemmal said the DSP, who was appointed as an investigating officer, simply appeared before the court and did not file any status report, despite warnings. “Therefore, Mr. Sankar Ganesh is ordered to be remanded in judicial custody till September 22,” he said.