Jignesh Mevani, the Congress leader and MLA from the Vadgam assembly constituency in Gujarat has challenged the Government of Gujarat in a plea to the High Court for Non-Constitution Of Committee To Oversee Implementation Of SC/ST Act. The Gujarat High Court has sought a response from the state. The single judge bench of Justice Sangeeta K. Vishen asked the assistant government pleader appearing in the matter to take “instructions”.
Mevani pleaded through his counsel 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.
The MLA from the reserved constituency Vadgam in North Gujarat highlighted the rule 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.
Rule 16 (1995 Rules) states that every MLA from Scheduled Caste and Scheduled Tribe is part of the state-level vigilance monitoring committee. Mevani maintained that non-constitution of the vigilance committee has affected him as an MLA from the reserved constituency.
Under the rule, the state government is mandated 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. Further, the rule 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.”
Rule 16(2) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act states that the high-power vigilance and monitoring committee shall meet at least twice in a calendar year. The time of meeting is specified in the Act as the months of January and July. The meeting is meant to review the implementation of the provision of the Act, relief and rehabilitation facilities provided to the victims. Also prescribed for the agenda of the meeting are prosecution of cases under the Act, role of different officers/agencies responsible for implementing the provisions of the Act, various reports received by the State Government and other matters connected therewith,
The Gujarat High Court on Tuesday sought the stand of the state government in Congress leader and orally said to he government’s counsel “Please take instructions. It is your own letter that the meeting has not been convened since the last more than three years.”
The matter is listed for August 1.
