The Madras High Court has quashed a case booked under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 against Pirapa Kalvimani alias Professor Kalyani, an activist known for his work aimed towards the upliftment of the Irula tribes involved in catching snakes and rats. Justice M. Nirmal Kumar quashed the case against him as well as another activist Thangamani after commending their service.
A prominent activist, the makers of the acclaimed Suriya starrer Jai Bhim, had acknowledged the assistance rendered to them by Prof. Kalyani in understanding the lifestyle of the Irula community people by thanking him in the title card.
The quash petitioners’ counsel P. Vijendran told the court that the genesis of the complaint against his clients was a rape case registered against an Inspector of Police, a Sub Inspector, a Head Constable and a police driver for having outraged the modesty of four Irula women, including one who was pregnant, in Villupuram district in 2011.
The Tirukoilur police personnel had committed the custodial sexual assault on November 22, 2011 but it was only at the instance of the two activists, one of the victims gathered courage to approach the Superintendent of Police on November 26, 2011. Even after 12 years, the trial in the rape case had not seen the light of the day, the counsel said.
On November 30, 2011 when the rape victims came out of the Tirukoilur judicial magistrate court, a politician named Thangamani of Pazhangudi Makkal Viduthalai Katchi wanted to take the victims along with him but they feared that he might take the side of the accused policemen and therefore insisted on going with the two activists.
This led to a quarrel between the politician and the activists. A Deputy Superintendent of Police intervened and allowed the victims to go along with the activists. Again, another attempt was made by the politician to abduct the rape victims on December 1, 2011 and hence Mr. Kalyani lodged a police complaint on December 2, 2011.
However, his complaint was registered only on December 31, 2011 and subsequently closed by terming it a ‘mistake of fact.’ On the other hand, a complaint lodged by the politician on December 3, 2011 accusing the two activists of having abused him using his caste name was registered on the same day and a charge-sheet was also filed against them.
After recording the submissions, Justice Kumar wrote that in all fairness, the police ought to have conducted investigation together on the complaint lodged by Mr. Kalyani as well as the counter complaint by the politician. However, there was no explanation as to why it was not done so in accordance with the Police Standing Orders.
“The rape victims have not whispered anything about the petitioners. The petitioners are toiling for the upliftment of Irular community people. They have brought to light the excesses of police and other officials. They have given confidence and support to the marginalised people to rise above their oppression and suppression. Since petitioners belong to intermediate caste, they have been targeted by persons who are uncomfortable and agitated,” the judge wrote before quashing the case.
