Supreme Court of India · 2009-05-08
STATE OF PUNJAB vs HARDIAL SINGH .
- Citation / case number
- SC 2006/15768
- Court
- Supreme Court of India
- Petitioner
- STATE OF PUNJAB
- Respondent
- HARDIAL SINGH .
- Author
- ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court held that the investigation conducted by an officer not below the rank of Deputy Superintendent of Police, as mandated by Rule 7 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, is only applicable to offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court clarified that the charges under the Indian Penal Code (Sections 364, 324, 323, 149, and 148 IPC) could still stand despite the High Court's conflicting order. The appeal was allowed to the extent that the investigation under the Act was deemed invalid, while those under the IPC were upheld.