Prayagraj: The Allahabad High Court has ruled that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, commonly known as the SC/ST Act, cannot be invoked merely because a complainant belongs to a Scheduled Caste or Scheduled Tribe. The court observed that the specific ingredients required to constitute an offence under the special law must be supported by material on record.
Justice Santosh Rai made the observation while partly allowing a criminal appeal filed by Raju Kuraishi and four other accused persons. The court quashed proceedings against them under the SC/ST Act in connection with a dispute arising in Ghaziabad.
The case originated from an FIR registered at Loni police station. According to the court, the dispute was essentially connected to a transaction involving the sale of disputed property. Although the complainant’s Scheduled Caste status was cited in connection with the invocation of the SC/ST Act, the court found that the FIR and case diary did not contain material establishing the necessary caste-based conduct.
The court specifically noted that there was no evidence indicating that the accused had used caste-based words or had abused, insulted or humiliated the complainant on the ground of his or her caste.
Justice Rai observed that merely establishing the caste identity of the complainant is insufficient to attract the provisions of the SC/ST Act. There must be material showing that the alleged acts were committed because of the victim’s membership of a Scheduled Caste or Scheduled Tribe.
In its September 8 judgment, the High Court directed that the accused be discharged from the proceedings under the SC/ST Act and set aside the corresponding proceedings before the Special SC/ST Court in Ghaziabad.
However, the court did not terminate the entire criminal case. Proceedings against the accused for other alleged offences, including cheating, will continue in accordance with law.
