SC’s stay on Navneet Rana’s caste certificate cancellation

 

 

 

 

In a relief to MP Navneet Rana, Supreme Court, on Tuesday, has stayed a High Court order cancelling her Scheduled Caste certificate. As per the Bombay High Court Judgement, the MP’s caste validity certificate was cancelled on June 8 and she was slapped fine of Rs 2 lakh. Anand Adsul, former MP, had filed petition against MP Navneet Rana claiming her caste validity certificate mentioning ‘Mochi’ as fraud. While Mumbai High Court Bench comprising Justices R D Dhanuka and V G Bisht, in its judgement dated June 8, cancelled her caste validity certificate and also salpped fine of Rs 2 lakh that was to be deposted with the Maharashtra Legal Services Authority. She was also directed to surrender her caste certificate in six weeks.

 

Navneet Rana then moved to the Supreme Court challenging the High Court order, which cancelled her caste certificate saying it was obtained using fabricated documents. The MP would have lost her Lok Sabha seat in Amravati if the court order was not put on hold. A vacation bench comprising Justices Vineet Saran and Dinesh Maheshwari stayed the operation of the Bombay High Court order and issued notice on her petition against the HC order. Mukul Rohatgi, Senior Advocate, representing Navneet Rana, submitted that the terms ‘Mochi’ and ‘Chamaar’ are synonymous. He said that the scrutiny committee had decided her caste status based on the original records produced before it. The genuineness of the documents were not contested. However, the High Court reserved the scrutiny committee’s decision in a writ petition, said Rohatgi.

 

He argued that the High Court decision was erroneous as it entered into factual determination in a writ petition, ignoring several documents. Kapil Sibal, Senior Advocate, representing the petitioner Anand Adsul, former MP, and approached the High Court against Rana’s caste certificate, submitted that the vigilance committee had found that many documents were fabricated. The bench asked Adv Sibal to file a counter-affidavit in the matter. Sibal strongly protested to pass the stay order and said that the stay cannot be granted without hearing him. At the point, the bench, refraining from completing the dictation of the order, proceeded to hear the submission of Adv Sibal, who referred to the findings of the vigilance cell relating to fabrication of the documents. The bench asked if the High Court could have made such a factual findings under Article 226 of the Constitution.

 

If at all the High Court was dissatisfied with the findings of the scrutiny committee, it ought to have remitted the matter to it for fresh consideration, the bench suggested. Adv Sibal replied that the only remedy available against the scrutiny committee was a writ petition under Article 226 of the Constitution. Ultimately, after hearing both the sides, the bench proceeded to stay the High Court judgement. The stay will remain in effect till the final disposal. The next hearing will take place on July 27. Immediately after the stay was pronounced, Yuva Swabhiman Party activists gathered at the main office of Yuva Swabhiman Party and celebrated the decision. Sunil Rana, Jitu Dudhane, District President of Yuva Swabhiman Party, Sanjay Hingaspure, City President, Sumati Dhoke, Corporator, Vinod Jayalwal, Sachin Bhende, Vinod Guhe, Nitin Borekar, Shalini Devare, Mahesh Killekar Ajay Bobade, Sangeeta Kalpande, Mahesh Mulchandani, Rahul Kale, Ashvini Zod, Jyoti Sairise, Baban Radke and hundreds of activists participated in the celebration.