Prayagraj: The Allahabad High Court has quashed proceedings against a Firozabad resident under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, observing that not every insult or threat constitutes an offence under the law unless it is motivated by the victim’s caste identity.
A single-judge bench of Justice Santosh Rai held that an offence under the SC/ST Act is made out only when the alleged humiliation is specifically linked to the victim belonging to a Scheduled Caste or Scheduled Tribe community.
The court granted relief to Bhuri Singh, who was accused of assaulting Prashant Kumar and using caste-based abuses against the complainant. The case was registered at Tundla police station in Firozabad district. A special court had issued summons on February 5 this year after taking cognisance of the charge sheet.
Challenging the proceedings, Singh’s counsel argued that he had been falsely implicated due to previous enmity. It was submitted that the initial statements and the FIR did not mention casteist remarks, which were allegedly introduced later in a statement before the magistrate. The defence also pointed out the absence of independent witnesses and Singh’s lack of criminal antecedents.
The prosecution opposed the plea, arguing that the FIR contained specific allegations and that disputed factual issues could not be examined in proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The High Court observed that although the material indicated an assault on Prashant Kumar’s left ear with a hard, blunt object, there was no specific allegation of caste-based abuse demonstrating an intention to humiliate him because of his caste.
It further noted the absence of evidence that the alleged incident took place in public view, an essential requirement for invoking the relevant provisions of the SC/ST Act.
The court held that continuing proceedings under the Act in the absence of these essential ingredients would amount to an abuse of the process of law. However, the proceedings relating to the alleged assault will continue, it clarified.
