False sc/st case

It is stated to the effect that there is a charge of false and frivilous caste certificate. In this connection, it may be pointed out that the "Vislesan Sammittee" would issue a show cause notice in this regard, and conduct the verification proceedings, as to whether you belong to a particular caste or not. The Vislesan Sammittee" has to provide you all relevant documents that may be demanded and also afford reasonable and proper opportunity to establish otherwise. This Sammittee is set up under the directive of the Supreme Court judgment in case of Madhuri Patil. This is an inquiry done by the Government officers in each State.

Be it noted that it is only and only the Vislesan Sammittee that is empowered to verify and adjudicate the claim of the candidate in relation to the caste certificate. The criminal complaint, or prosecution, if instituted prior to such verification proceeding is illegal and void. No authority has right whatsoever to proceed against you till the certificate is declared as false and frivilous by the Vislesan Sammittee. The Criminal prosecution, if filed prior to such proceeding is not tenable in view of the judgment.  You may find the case of Abhishek Chandra, which may help you. Ask your lawyer to raise such contention, if the criminal proceedings are filed. I am also sending a file containing my written submission in a similar matter to the Lawyers Club India for uploading the same. You may go through the "share file' on this website after four days, by which they must have uploaded the file. The file name is Schedule Tribe submission.