Following lodging of FIR against former Chief Minister Ajit Jogi at Civil Lines Police Station in Bilaspur at the behest of Bilaspur Collector, Janta Congress Chhattisgarh (J) Amit Jogi issued legal notice to Bilaspur Collector asking him order the said FIR null and void with immediate affect or face legal action. Jogi along with his supporters reached Civil Lines police station in the capital and urged to lodge FIR against him after seizing his caste certificate.

 

 

In his legal notice to Bilaspur Collector, JCC (J) State President Amit Jogi, who is an advocate himself, maintained that FIR has been lodged under Section 10 (1) of Chhattisgarh Scheduled Caste, Scheduled Tribes, Other Backward Classes (Regulation of Social Status Certification) Act, 2013, against Ajit Pramod Kumar Jogi at the behest of Bilaspur Collector. The FIR has been lodged on the order of Bilaspur Collector at Civil Lines PS in Bilaspur at August 29, 2019, Thursday. Also directives have been issued for cancellation of seven caste certificates mentioned in paragraph 7 of the order passed on the report and guidelines issued by High Powered Certification Scrutiny Committee. Amit Jogi while quoting Article 20 (1) of Constitution of India said that all the caste certificates mentioned in Para-7 of the order were issued ahead of 2013 when the Act came into existence.

 

 

 

Hence, lodging FIR against Ajit Jogi and subsequent cancellation of all these caste certificates, is violation of Article 20 (1) of Constitution of India and judicial principles established by Supreme Court of India while disposing of cases National Commission of Women v/s State of Delhi and others (2010-12-SSC 559) as well as Kamladevi v/s Kushal Kanwar and others (AIR 2007, SC 663). Jogi in his legal notice urged the Bilaspur Collector to direct Bilaspur SP to declare the said FIR as null and void. In case the Bilaspur Collector fails to do so and if any action is taken against Ajit Pramod Kumar Jogi then the Bilaspur Collector will be held responsible for the illegal and un-constitutional act. Jogi further said that Ajit Kumar Jogi is challenging the lodging of FIR against him in the Chhattisgarh High Court and it has been decided to make Bilaspur Collector party in the case after seeking permission from Governor Chhattisgarh under Section 197 of Criminal Procedure Code.

 

 

‘CM should go through constitution before acting on such issues’ Terming lodging FIR against him at Civil Lines Police Station in Bilaspur as an act of malice against him, former Chief Minister and Janta Congress Chhattisgarh (J) Founder President Ajit Jogi, said that Chief Minister Bhupesh Baghel should go through constitutional provisions before acting on such issues. Addressing media persons during a press conference in the capital, the former Chief Minister said FIR has been lodged while in violation of norms on a development which had taken place ahead of implementation of the Chhattisgarh Scheduled Caste, Scheduled Tribes, Other Backward Classes (Regulation of Social Status Certification) Act, 2013.

 

 

Jogi added that this law is applicable on all caste certificates prepared after its implementation and it doesn’t have any bearing on certificates issued ahead of its implementation. It is worth mentioning here that an FIR has been lodged against Ajit Jogi for violation of Chhattisgarh SC, ST, OBC (Regulation of Social Status Certification) Act, 2013. Jogi said earlier also no action was taken against him because his caste certificate doesn’t come under its ambit. Ajit Jogi further threatened that he would take legal action against the Chief Minister, Collector, Tehsildar and Station House Officer of the Civil Lines Police Station Bilaspur for violation of constitutional norms. He said the Act came into existence in 2013 while his caste certificate was issued in 1986 and ironically FIR has been filed on its basis.

 

 

It is worth mentioning here that on the directive of Bilaspur Collector, tehsildar has registered FIR against Ajit Jogi at Civil Lines police station against crime number 559/19. The FIR has been filed based on the report and guidelines issued by High Powered Certification Scrutiny Committee on Thursday. Jogi while talking to media persons said that under Article 20 of Constitution of India, provisions have been laid under the head ‘Protection in respect of conviction for offences’, wherein, it is stated that - No person shall be convicted of any offence except for violation of the law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence; No person shall be prosecuted and punished for the same offence more than once; and No person accused of any offence shall be compelled to be a witness against himself. Jogi said all his caste certificates were issued 1967, 1984, 1986, , 1993, 1999, 2001 and 2003 while the Chhattisgarh SC, ST, OBC (Regulation of Social Status Certification) Act, 2013 came into existence in 2013. So no action can be taken against him in compliance of Article 20 of Constitution of India.