Gujarat HC Seeks State's Response On Jignesh Mevani's Plea Challenging Non-Constitution Of Committee To Oversee Implementation Of SC/ST Act

The Gujarat High Court on Tuesday sought the stand of the state government in Congress leader and Vadgam MLA Jignesh Mevani's plea that the state-level vigilance and monitoring committee to oversee the implementation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act had not been constituted in over three years.

A single judge bench of Justice Sangeeta K. Vishen asked the assistant government pleader appearing in the matter to take “instructions” and listed it on August 1.

“Please take instructions. It is your own letter that the meeting has not been convened since the last more than three years. Day after tomorrow,” the high court orally said to the government's counsel.

During the hearing, Mevani's counsel submitted that Rule 16 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 provides for the constitution of a State-level vigilance and monitoring committee.

“I'm a MLA from the reserved constituency. If your lordship sees Rule 16 (1995 Rules) every MLA from Scheduled Caste and Scheduled Tribe is part of the state-level vigilance monitoring committee,” Mevani's counsel said upon being asked how his client was being affected by the non-constitution of the vigilance committee.

He said that as per this rule, the state government is to constitute a “high-power vigilance and monitoring commission” of not more than 25 members, wherein the Chairman of the committee is the “Chief Minister/Administrator”.

The rule also states that the committee is to have some members who are “elected members of Parliament and State Legislative Assembly and Legislative Council” from the State who belong to the “Scheduled Castes and the Scheduled Tribes.”

He further pointed to Rule 16(2) which states, “The high-power vigilance and monitoring committee shall meet at least twice in a calendar year, in the months of January and July to review the implementation of the provision of the Act, relief and rehabilitation facilities provided to the victims and other matters connected therewith, prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act and various reports received by the State Government”.

Case title: Jigneshbhai Navterlal Mevani v/s Chairman, State Level Vigilance and Monitoring Committee and Others