Is Mere Reference to Caste Status Enough to Invoke the SC/ST Act? Allahabad HC Weighs In
Synopsis
Key Takeaways
- The Allahabad High Court annulled a case under the SC/ST Act due to lack of evidence.
- A mere reference to caste status is insufficient for legal action.
- The ruling highlights the importance of evidence in discrimination cases.
- Serious irregularities in the investigation were identified.
- Continuing proceedings without clear evidence constitutes an abuse of the legal process.
New Delhi, Dec 31 (NationPress) The Allahabad High Court has annulled a criminal case involving allegations under the SC/ST Act, stemming from supposed irregularities in land allocations that date back over twenty years, along with related revenue matters.
In a criminal appeal ruling, a single-judge Bench led by Justice Shekhar Kumar Yadav noted that a simple mention of Scheduled Caste land or the caste status of the complainant is inadequate to engage the provisions of this specialized legislation.
Justice Yadav asserted that the case was “largely civil and revenue-oriented” and deemed the prosecution an abuse of legal processes.
In its ruling, the Allahabad High Court overturned the cognizance and summoning order from March 20, 2023, the charge sheet, and all related proceedings from a 2022 FIR filed at the Dadri police station in Gautam Buddha Nagar, according to Section 3(1)(f) of the SC/ST (Prevention of Atrocities) Act, 1989, along with several offenses under the IPC.
The court found that neither the FIR nor the charge sheet established that the alleged actions were taken “on the basis that the victim belongs to a Scheduled Caste or Scheduled Tribe,” which is a crucial statutory condition for applying the SC/ST Act.
“A simple reference to Scheduled Caste land or the informant's status does not suffice to invoke the provisions of the Act,” Justice Yadav remarked, citing precedent set by the Supreme Court.
The Allahabad High Court further highlighted that the FIR, filed in 2022 after an unexplained delay of over twenty years, failed to specify any distinct role, overt act, or individual transaction connected to the appellant.
“None of the witnesses have indicated that any action was taken by the accused based on the fact that the pattadar belonged to a Scheduled Caste, which is a prerequisite for invoking the SC/ST Act,” it noted.
The ruling also pointed out severe irregularities in the investigation, including the inclusion of deceased individuals as prosecution witnesses, suggesting such lapses indicated a lack of careful consideration and rendered the investigation legally untenable.
The Allahabad High Court remarked that the summoning order was issued in a “routine and mechanical manner,” without demonstrating any satisfaction regarding the existence of prima facie evidence.
Recognizing that similarly situated co-defendants had already received relief, and that no differentiating circumstance was presented against the appellant, Justice Yadav concluded that continuing the criminal proceedings would constitute an abuse of the judicial process.
“In this court's view, invoking the SC/ST Act in the current case is completely untenable, and continuing these proceedings would lead to a miscarriage of justice,” the Allahabad High Court ruled, effectively quashing the criminal case entirely.