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The Delhi High Court on Thursday denied anticipatory bail to commentator Ajeet Bharti in a case under Scheduled Caste Scheduled Tribes (Prevention of Atrocities) Act.  

Justice Saurabh Banerjee while pronouncing the verdict, said that the offence under SC/ST Act was prima facie made out against Bharti.

It dismissed the anticipatory bail plea as being not maintainable. It cited the statutory bar on granting anticipatory bail under the special enactment.

A detailed order is awaited.

Bharti challenged the trial court's rejection of his anticipatory bail application in connection with an FIR alleging casteist and derogatory remarks against Scheduled Caste members, including Nagina MP Chandra Shekhar Azad and Dr BR Ambedkar.

During the course of hearing, the Court had orally questioned the Delhi Police why no notice had been issued to Bharti and whether his custodial interrogation was required.

Bharti's counsel, Advocate Jai Anant Dehadrai, had argued that the alleged remarks did not constitute an offence under Section 3(1)(r) of the SC/ST Act unless there was an intentional insult or humiliation on account of caste identity.

He submitted that Bharti's remarks had to be viewed in the context in which they were made, including comments allegedly made against Bharti's sister on social media.

The Delhi Police on the other hand opposed the plea and submitted that the alleged remarks were directly insulting to a particular caste and had been made on a social-media platform, rather than in a private setting.

Counsel for the complainant argued that the alleged remarks were derogatory and intentional, pointing out that around 23,000 people were allegedly online when the statements were made and that the caste was repeatedly referred to.

Bharti moved the high court after the trial court rejected his plea observing that his remarks concerning the caste and marriageability of a sitting Member of Parliament prima facie disclosed an offence under Section 3(1)(r) SC/ST Act, adding that he invoked 'Upper' and 'Lower' caste hierarchy in marriage which prima facie showed an intent to humiliate.

The case arose from an episode of Bharti's self-titled programme, uploaded on his verified social media account and YouTube on August 22, which allegedly contained casteist, derogatory and humiliating remarks concerning members of the Scheduled Caste community, Chandra Shekhar Azad (a sitting MP from Nagina) and Dr BR Ambedkar.

The Trial Court held that the assertion that the MP in question should make himself worthy of marrying an upper caste girl, is a specific reference to caste and humiliating as to why a person fit to be married to anyone in SC / ST community has to be something extra or something more or worthy of marrying a girl in upper caste.

The FIR has been lodged under provisions of the SC/ST Act and Sections 196(1)(c) and 351(3) (aggravated criminal intimidation) BNS as well as Information Technology Act.

Case Title: Ajeet Bharti v. State

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