Taking strong exception to the Maharashtra government’s failure in filing an affidavit in connection with the implementation of SC and ST (Prevention of Atrocities) Act, the Bombay High Court today directed the state to comply with order within a week.

The court asked the chief secretary to personally remain present on September 9 in case the state failed to file the affidavit informing whether it had forwarded reports to the Centre in the past 5 years on implementation of the Act.

Justice B H Marlapalle and A A Sayed asked the state to file an affidavit within a week and in case it failed to comply with this order then the chief secretary should remain present to personally explain the lapse despite the court orders to this effect.

The judges lamented that the government did not act unless orders were passed and directed that their order (of filing affidavit within a week) be communicated to Secretary of Social Welfare department and Chief Secretary.

The judges were hearing a PIL filed by NGO National Dalit Movement for Justice, which alleged that the Act was not being implemented in Maharashtra.

Public Prosecutor Pandurang Pol said a high-powered committee was formed recently under the Chairmanship of Chief Minister Ashok Chavan to oversee implementation of the Act.

He said he had written to the state government to file a reply but he had not received any instructions in this regard.

The state filed an affidavit of Home Department but the court was apparently not satisfied with this and said the concerned social welfare department should file the affidavit within a week.

Petitioner’s counsel Sangharaj Rupawate, said the High Power Committee, which was slated to meet in January and July every year to ensure implementation of the Act, had not met so far although the chief minister was heading it.

He further pointed out that the government had still not complied with the rules framed under the Act in regard to the appointment of a Nodal Officer to oversee implementation of the Act. The state was also silent on whether it had forwarded reports to the Centre as required under the Act, he said.

He said all the states had to submit reports every year on implementation of the Act to the Centre which tables the reports before the Parliament. However, the Maharashtra government had not followed this practice.

The Public Prosecutor had on last occasion told the court that the file concerning appointment of a Nodal officer to oversee implementation of the Act had been referred to the chief minister and said within a fortnight a decision would be taken in this regard.

Rupawate said the PIL was based on 43 cases of atrocities on SCs and STs from various districts of the state.

The PIL brought to the notice of the High Court various gaps and negligence by the implementing authorities at different levels in effective implementation of Act.

According to the PIL, vigilance and monitoring committees set up under Rule 16 and 17 framed under the Act were not properly constituted and were not functioning in the state. The government was also not sending report to the Centre on March 31 every year as stipulated under the rules.

The PIL alleged that the state was not performing its specific responsibility in accordance with Rule 14 of the Act to review twice in a year the performance of prosecutors, consider reports received and investigations made in atrocity cases apart from ascertaining preventive steps taken by police and district magistrates and rehabilitation measures taken to help the victims.

The PIL further alleged that in many cases FIRs were not registered at all and, if registered, proper sections of the Act were not applied. Besides, the accused were also not arrested immediately.

The PIL contended that in special courts set up under the Act special public prosecutors were not appointed to conduct the trial.