National Commission For Scheduled Castes Cannot Initiate Enquiry On Specious Complaint, Unsubstantiated Allegations: Delhi High Court
2 years, 5 months ago

National Commission For Scheduled Castes Cannot Initiate Enquiry On Specious Complaint, Unsubstantiated Allegations: Delhi High Court

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The Delhi High Court has observed that National Commission For Scheduled Castes cannot initiate an enquiry under Article 338 of the Constitution of India based on a specious complaint and unsubstantiated allegations.Justice Yashwant Varma said the Commission is empowered to initiate an enquiry only when a member of a Scheduled Caste is able to establish prima facie that he had. The Delhi High Court has observed that National Commission For Scheduled Castes cannot initiate an enquiry under Article 338 of the Constitution of India based on a specious complaint and unsubstantiated allegations. Justice Yashwant Varma said the Commission is empowered to initiate an enquiry only when a member of a Scheduled Caste is able to establish prima facie that he had been ill-treated or discriminated solely on account of the fact that he belonged to that class. Allowing the plea, the court said that the complainant had merely made a general allegation that the petitioner company started harassing him "by different methods" since he belonged to the SC community.

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