National body for SCs seeks arrest within five days in derogatory remarks case against Buta Singh

The National Commission for Scheduled Castes (NCSC) on Monday recommended that authorities take immediate steps to arrest the accused persons in a case concerning alleged derogatory remarks against former Union Home Minister late Buta Singh during an election campaign in Punjab’s Tarn Taran district last year.

The Commission, under the chairmanship of Kishor Makwana, also sought the status of such action within five days and recommended that the investigation be completed “expeditiously” and the chargesheet filed before the competent court without further “undue delay”.

According to the Commission, the hearing was held in connection with alleged derogatory remarks made by Punjab Congress president Amrinder Singh Raja Warring against Buta Singh during an election campaign at Tarn Taran.

Warring was booked in November last year under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 196 (promoting enmity based on religion, race) of the Bharatiya Nyaya Sanhita (BNS). The case was registered following a complaint by Buta Singh’s son, Sarabjot Singh Sidhu, at the Cyber Crime Police Station in Kapurthala district.

Punjab Police officials, including DSP Harpreet Singh and DSP Gulzar Singh, EO and Cyber Crime, appeared on behalf of the respondent authorities, while petitioner Sarabjot Singh was also present.

After hearing the parties and considering the material on record, the Commission expressed “serious concern” over the delay in investigation, arrest of the accused persons and submission of the action taken report (ATR) despite specific recommendations made during its previous hearing, the Commission said.

During the hearing held on May 5, the Commission had recommended that the investigation be completed within the stipulated period in accordance with the rules.

It had also taken note of Sarabjot Singh’s complaint that he was receiving threatening calls from the alleged accused and directed that he and his dependents be provided necessary protection under Section 15A of the SC/ST (Prevention of Atrocities) Act, 1989.

The Commission had also sought an ATR within 30 days. However, during Monday’s hearing, it noted that the requisite ATR on its earlier directions had not been received.

“Taking serious note of the continuing delay, the Commission today recommended that the concerned authorities take immediate necessary steps, in accordance with law, for the arrest of the accused persons involved in the matter and furnish the status of such action to the Commission within five days,” the statement said.

It further recommended that the competent authority examine accountability for the delay in investigation and arrest.

“In the event of any wilful neglect of duty” on the part of the concerned investigating officers is found, appropriate departmental action, including consideration under Section 4 of the SC/ST (Prevention of Atrocities) Act, 1989, may be taken in accordance with law, the Commission said. An ATR on the Commission’s recommendations has been sought within 30 days, it said.

The Commission also viewed the issue of the petitioner’s safety with “particular seriousness” and, in view of the alleged continuing threats to Sarabjot Singh, recommended immediate and adequate police protection to him and his dependents, both in Delhi and Punjab, in accordance with Section 15A of the Act.

The NCSC reiterated that the protection of victims, complainants, witnesses and their dependents is an “important statutory safeguard” and the concerned authorities must ensure that the petitioner can pursue the matter without “fear, intimidation or threat”.

According to the minutes of hearing, according to reports, the complaint was filed by the Punjab BJP’s SC Morcha against Warring, alleging that he used inappropriate and derogatory language against late Buta Singh, thereby hurting the sentiments of the Scheduled Caste community.

It was found that the matter had already been taken cognisance of by the Punjab State Scheduled Castes Commission and the complaint was forwarded to the returning officer-cum-sub divisional magistrate, Tarn Taran, during the assembly by-election. Warring was issued a notice seeking his explanation.

In his reply, Warring had said his speech was “deliberately twisted”. He had said he “never used any derogatory words against any caste or person” and described the edited speech as “completely misconceived”.

The Commission noted that despite its recommendations made during the May 5 hearing to complete the investigation within the stipulated time and provide necessary protection to the petitioner and his dependents, no ATR had been received till date.

The hearing minutes said the Commission, after considering the material available on record, expressed “serious concern” over the delay in investigation, arrest of the accused persons and submission of the ATR.