Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court issued an interim order restraining police authorities from taking action on any complaints registered against retired Army officer Arun Kumar Tyagi under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, until further notice.
The directive came in response to a writ petition filed by Tyagi, appearing as a party-in-person, seeking judicial intervention against alleged harassment and false cases orchestrated by an unnamed individual. The retired officer alleged that these cases were part of a deliberate scheme to encroach on a disputed property that he had legally purchased.
Tyagi accused the Kushaiguda Assistant Commissioner of Police (ACP) and Jawaharnagar Station House Officer (SHO) of failing to file a First Information Report (FIR) and deliberately delaying the investigation despite his repeated appeals.
In his plea, Tyagi argued that:
- False Allegations: The complaints against him were baseless, and he provided evidence proving his presence at home on the date of the alleged incident.
- Improper Investigation: Over 70 days had elapsed since the registration of the case, yet the investigation remained stagnant.
- Repeated Harassment: He had been jailed twice previously without sufficient evidence or due process.
Tyagi requested the court to declare the actions of the authorities as arbitrary, illegal, and violative of his fundamental rights. He also sought the appointment of a Special Investigation Team (SIT) to probe the cases filed against him. Additionally, he urged the court to direct the police to ensure that investigations were conducted transparently, using the evidence he had submitted to refute the charges.
Justice Vijaysen Reddy acknowledged the seriousness of the petitioner’s claims, emphasizing the potential misuse of the SC/ST Act in the absence of thorough investigation. Granting interim relief, the judge ordered the police to refrain from taking action on any cases registered under the Act until further notice.
The court also took note of the government pleader’s request for additional time to gather instructions. The case has been adjourned for further adjudication.
