We won't tolerate ex-communication, says Bombay HC

Rapping the Maharashtra govt. for inaction, the high court transferred the probe to the Crime Branch.

February 03, 2015 06:03 pm | Updated 06:06 pm IST - MUMBAI:

Sending a strong signal against evils like social boycott and ex-communication practised by caste panchayats, the Bombay High Court on Tuesday said that it will not tolerate these things. "We are in the 21st century. The court is severely pained to know that such a practise prevails in a village not even 100 km away from Mumbai," a division bench of Justices V M Kanade and Revati Mohite Dere said.

The court was hearing a petition filed by eight families of Murud-Alibag against their ex-communication by the caste panchayat under a local political leader. They have complained that they were even assaulted by the ex-chairperson's men, but the police did not register their complaint.

Miffed by State inaction, the court on Tuesday transferred the probe to the Crime Branch. It also came down heavily on Maharashtra government for not obeying its directions.

"The State doesn't appear concerned. The directions given by the court have fallen on deaf ears. Such practise shouldn't be repeated in other places," the court rapped the State.

In Raigad district alone, 28 such cases of social ostricisation have been pending investigation for want of government approval. The Raigad Additional Superintendent of Police informed the court that they had not yet received permission from the State's law and judiciary department.

The court thereafter directed the Crime Branch to conduct investigation in the present case without waiting for government approval. The court also directed the Advocate General to assist the court in the matter.

It asked the State government to take strict action against the accused, and initiate external proceedings against them wherever necessary.

"You have the powers to take action. You can't fold your hands and watch," it said.

It also directed the Crime Branch to submit a report to the court within a fortnight.

According to petitioner Jagannath Waghre, who belongs to the local fishing community in Alibag, he and others were boycotted by their caste panchayat in the year 2005. The reason for the boycott was support to a rival candidate in the local elections, he said.

The families moved the Bombay High Court in 2011, after the police failed to lodge their complaint despite repeated attempts. Even after the court directions, the police did not give any protection to the victims. They have now alleged assault too.

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