Can't Invoke SC/ST Act Against 'Stranger' In Absence Of Specific Intent: Karnataka High Court Quashes Atrocity FIR Against Cameraman

The Karnataka High Court has held that the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 cannot be invoked against a stranger who lacks any specific intent with regard to the offences under the Act.

Justice V. Srishananda quashed the criminal proceedings against a cameraman working with a media agency, observing that filming a public COVID-19 vaccination drive where an individual or woman is accidentally captured does not per se amount to an obscene capturing of the image.

“Admittedly, petitioner had visited the place of incident for the purpose of covering the vaccination program and there was no premeditation. While so filming, per chance if the petitioner has filmed the alleged lady while taking the vaccination, it would not per se amount of obscene capturing of the image,” the Court said.

It added, “Moreover, as is rightly contended by the petitioner, petitioner being the stranger, invoking the provisions of SC/ST Act is totally uncalled for. There is no other material on record apart from the complaint averments to proceed against the petitioner herein. Thus, a case is made out that continuation of the proceedings would amount to abuse of process of law.”

The case stemmed from a complaint filed by the second respondent in 2022, wherein it was alleged that the petitioner, working as a cameraman with Bengaluru One News, abused the complainant and a woman using her caste name.

Following this, an altercation allegedly took place and the complainant was assaulted. The incident occurred when the petitioner, along with other reporters, went to cover a COVID-19 vaccination drive at Malleshwaram Government School. During the coverage, the alleged incident took place after the complainant questioned the media team about filming people, including women, receiving vaccinations. Seeking to quash the criminal proceedings against him, the petitioner approached the High Court.

Allowing the petition, the court quashed the criminal proceedings for the offence punishable under Sections 3(1)(r), 3(1)(s) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 and Sections 341, 323, 506 read with Section 34 of Indian Penal Code against the petitioner.