NEW DELHI, Jan 9 � Responding to a plea filed by late Nido Tania�s father, Delhi High Court on Friday issued notice to the CBI against the trial court�s order to drop charges under the SC/ST Act against the accused. Nido Pavitra, a Congress MLA from Arunachal Pradesh, earlier moved the Delhi High Court challenging the trial court�s order.
Justice Manmohan Singh sought response from the CBI, Tihar Central Jail superintendent and four accused by April 22. The court issued notice to the jail superintendent as main accused Farman is lodged in the jail. He was not granted bail. Other three accused are out on bail. Nido Tania was allegedly beaten with iron rods and sticks after a fight with a shopkeeper and other men in South Delhi�s Lajpat Nagar market, which eventually resulted in his death.
The trial court on September 25, last year dropped charges of violations of the provisions of the Scheduled Castes and the Scheduled Tribes Act against the accused, saying the prosecution failed to establish that it was a case of �racial slur�.
Even if Nido belonged to any such caste, this fact was not known to any of the accused, the court said.
Police also slapped the attackers with charges under the SC/ST Act. The case was later transferred to the CBI.
The maximum punishment under SC/ST Act is life imprisonment. While filing the chargesheet, the CBI dropped murder charges against the accused, saying the killing was not premeditated but a result of an altercation over the breaking of a glass counter at a shop in the market.
The four have been charged with culpable homicide not amounting to murder and common intent.