Summary
The Supreme Court said that by this order of the state government, the fundamental rights of other citizens were affected by the strictness of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act. On the petition filed by Sunil Kumar Rai and others, the bench said that this court in the first three judgments had clearly held that blacksmiths are OBCs and not Scheduled Tribes.
The Supreme Court has reminded the executive that respect for the decisions of the courts is at the core of the rule of law. Ignoring his decisions would be very bad for a country with rule of law. A bench of Justices KM Joseph and Hrishikesh Roy said this while terming the Bihar government’s 2016 decision to declare the Lohar caste as a Scheduled Tribe illegal and arbitrary.
The bench said that by this order of the state government, the fundamental rights of other citizens were affected by the strictness of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act. On the petition filed by Sunil Kumar Rai and others, the bench said that this court in the first three judgments had clearly held that blacksmiths are OBCs and not Scheduled Tribes. The bench said that when it comes to taking decisions affecting the rights of citizens, the executive should carefully examine the impact of its decisions. The Supreme Court questioned the notification of the government and said that brain exercise was not done for it. This is a betrayal of Article 14.
Instructions to pay five lakh damages to the complainants
The Supreme Court, while setting aside the notification of the Bihar government, directed the government to pay Rs 5 lakh as compensation to the petitioners. In fact, he had to face imprisonment in the criminal case registered by the complainant belonging to the Lohar caste.
Expansion
The Supreme Court has reminded the executive that respect for the decisions of the courts is at the core of the rule of law. Ignoring his decisions would be very bad for a country with rule of law. A bench of Justices KM Joseph and Hrishikesh Roy said this while terming the Bihar government’s 2016 decision to declare the Lohar caste as a Scheduled Tribe illegal and arbitrary.
The bench said that by this order of the state government, the fundamental rights of other citizens were affected by the strictness of the Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act. On the petition filed by Sunil Kumar Rai and others, the bench said that this court in the first three judgments had clearly held that blacksmiths are OBCs and not Scheduled Tribes. The bench said that when it comes to taking decisions affecting the rights of citizens, the executive should carefully examine the impact of its decisions. The Supreme Court questioned the notification of the government and said that brain exercise was not done for it. This is a betrayal of Article 14.
Instructions to pay five lakh damages to the complainants
The Supreme Court, while setting aside the notification of the Bihar government, directed the government to pay Rs 5 lakh as compensation to the petitioners. In fact, he had to face imprisonment in the criminal case registered by the complainant belonging to the Lohar caste.