HC quashes SC/ST commission order on Jogi's caste

Bilaspur, Dec 15 (UNI) The Chhattisgarh High court today quashed the National Commission for Scheduled Castes and Scheduled Tribes' order asking the state government to initiate necessary action for cancellation of the ''false'' caste certificate of former chief minister Ajit Jogi and also criminal action against him as per the law.

A division bench, comprising Chief Justice S R Nayak and Justice V K Shrivastav, which heard Mr Jogi's petition challenging the SC/ST Commission directive, held that the commission did not have any powers to conduct and issue such an order.

While allowing the petition, the High Court also imposed a fine of Rs 10,000 on Mr Sant Kumar Netam, who had complained that Mr Jogi did not belong to scheduled tribe and had been deriving benefit as scheduled tribe on the basis of a ''false certificate''.

Mr Jogi's counsel Mr Vivek Thanka said the High Court had accepted the petitioner's contention that the National SC/ST commission did not have powers to issue such directives to the state government and it could only submit its recommendations to the President.

Mr Jogi had become the first chief minister of Chhattisgarh soon after the new state was carved out of Madhya Pradesh in November 2000. On October 16, 2001, the National SC/ST Commission had recommended to the Chhattisgarh government to initiate necessary action for cancellation of the ''false' caste certificate and also criminal action as per law against him.

However, Mr Jogi, who was the chief minister at that time, moved the High court against the commission directive and had obtained a stay on it while challenging the authority of the commission to inquire into the complaint relating to the caste issue.

UNI XC-JJ SP LL RS1335