Chandigarh: The Punjab and Haryana High Court has ruled that the use of an alleged caste-based slur during a private telephone conversation does not amount to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act if the incident does not take place “within public view.” The judgment came while quashing an FIR registered in Jalandhar, along with all subsequent criminal proceedings against the accused.
A single-judge bench observed that the expression “within public view” is a crucial legal requirement for invoking the relevant provisions of the SC/ST Act. The court noted that a private conversation over the phone between two individuals does not satisfy this condition, as it is not witnessed by members of the public.
The petitioner had argued that the alleged incident occurred exclusively over a telephone call, was not in a public place, and had no eyewitnesses. Accepting these submissions, the High Court held that continuing criminal proceedings under the SC/ST Act would not be legally justified in the circumstances.
The court also referred to earlier Supreme Court rulings, which have consistently interpreted the law to require that the alleged insult or intimidation must occur within public view for the relevant provisions of the Act to apply.
The ruling underscores the importance of the statutory requirement of “public view” while determining whether an offence under the SC/ST Act has been made out. Accordingly, the High Court set aside the FIR and terminated all criminal proceedings arising from the case.
