Madras HC flags lapses in SC/ST Act cases; directs DGP to enforce strict compliance with rules
"In several matters relating to complaints made under SC/ST (PoA), procedural lapses are being noticed. The second respondent shall communicate a copy of this order to all SPs who shall ensure strict compliance with the provisions of the SC/ST (PoA) Act and the Rules, particularly Rule 7 relating to the rank of the IO and time-bound filing of the final report,' said Justice P Velmurugan in a recent order.
Citing a Supreme Court order, he said when a complaint discloses a cognizable offence under the provisions of the SC/ST (PoA) Act, no preliminary enquiry is permissible either under this Act or the Code of Criminal Procedure (CrPC) and the enquiry on the complaint shall be held by an officer in the rank of a DSP and not by an Inspector as provided under section 7 (1) of the Act.
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