Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (SC/ST Act), the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Hence, no prima facie case attracting the provisions of the Act, 1989 can be stated to be made out against them as the provisions of the Act, 1989 can only be invoked against the persons who do not belong to SC/ST community."The Court was hearing an appeal under Section 14-A of the SC/ST Act against the orders of an Additional Sessions Judge whereby the applications filed by them under Section 482 of BNSS for grant of anticipatory bail in a case arising out of FIR under Sections 126(2), 115(2), 191(3), 190, 324(4), 324(5) of BNS and Section 3 of the SC/ST Act, had been dismissed on the ground of non-maintainability of the applications. It was alleged that the appellants used derogatory remarks against the complainant with regard to his caste and a group of men was assaulted with sticks.Senior Counsel for the appellants argued that a perusal of the contents of the FIR would show that no injury has been attributed to either of the appellants.After hearing the submissions, the Court observed that a perusal of the FIR shows that although the appellants have been named in the FIR but no injury whatsoever has been attributed to them.Justice Batra highlighted that, even otherwise, the contents of the FIR do not disclose any allegation against the present appellants that they had made any derogatory caste-related remarks against the complainant.Reliance was placed on Shajan Skaria vs. State of Kerala and another to underscore that a duty is cast upon the Court to determine prima facie existence with a view to ensure that no unnecessary humiliation is caused to the accused."The Courts should not shy away from conducting a preliminary inquiry to determine if the narration of facts in the complaint/FIR in fact discloses the essential ingredients required to constitute an offence under the SC/ST Act," the Court had said.The judge noted that Apex Court had said, "It was further observed that if the accusation does not disclose the necessary ingredients of the offence on a prima facie reading, it cannot be said to be sufficient to bring into operation the bar envisaged by Section 18 of the SC/ST Act and holding otherwise would mean that even a plain accusation, devoid of the essential ingredients required for constituting the offence, would be enough for invoking the bar under Section 18 of the said Act."In light of the above, the Court allowed the plea and granted the concession of anticipatory bail, subject to the compliance of certain conditions.Mr. Bipan Ghai, Senior Advocate with Mr. Nikhil Ghai, Advocate for the appellants.Ms. Sakshi Bakshi, Assistant Advocate General, Punjab.Title: Avtar Singh and another v. State of Punjab and another [with connected cases]Click here to read/download the order

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Aiman J. Chishti

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