Chandigarh: In a significant order that could set off fresh debates around the scope of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Punjab and Haryana High Court has granted bail to a man booked under the stringent legislation, observing that its applicability becomes “questionable” when the accused himself belongs to a deprived Scheduled Caste community.
Justice Manisha Batra, while hearing the plea filed under Section 14-A(2) of the SC/ST Act, noted that the accused, Rahul Bundela, belonged to the Khatik caste, which has been officially declared a Deprived Scheduled Caste by the Haryana government. The Court remarked that this fact raised a serious question as to whether the Act, meant to protect members of the Scheduled Castes and Tribes from atrocities and discrimination, could be enforced against someone who himself came from the same marginalized background.
The case revolved around allegations that the complainant had been assaulted, insulted by caste name, and even threatened with death by the accused and his co-assailants. The Trial Court had earlier rejected the bail plea, refusing to consider the defense argument that the accused’s own caste status exempted him from the applicability of the SC/ST Act.
Justice Batra, however, took note of several key factors: the accused’s arrest took place after a delay of 425 days following the FIR’s registration; no specific injury or weapon was attributed to him; and the allegations regarding caste-based abuse were not directly assigned to the appellant in the FIR.
“The appellant is in custody since June 5, 2025. Considering the period of incarceration, nature of allegations, and the peculiar circumstances of the case—but without commenting on the merits—it would serve no useful purpose to keep the appellant in further custody,” the Court observed, allowing the plea.
The order has triggered discussions in legal circles about the interpretation of the SC/ST Act in cases involving accused persons from the same marginalized groups it aims to protect.
