SC/ST Act can’t be invoked just because of complainant’s caste: Allahabad HC

In the judgment dated September 8, the HC directed to discharge the accused so far as SC/ST Act is concerned passed by special judge SC/ ST Act, Ghaziabad

In an important observation, the Allahabad high court said that the mere fact that the complainant belongs to the Scheduled Caste or Scheduled Tribes does not attract an offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, adding that for constituting an offence under the said Act, its ingredients must be present.

Though the dispute related to a property, the SC/ST Act was added because the complainant was a Scheduled Caste. (For Representation)

The high court made these observations while quashing the criminal proceedings against the accused to the extent of the SC/ST Act. Though the dispute related to a property, the SC/ST Act was added because the complainant was a Scheduled Caste.

While partly allowing the criminal appeal filed by Raju Kuraishi and four other accused, Justice Santosh Rai said, “So far as the offence under the SC/ST Act is concerned, there is no material in the FIR or case diary to indicate that the accused-applicant used any caste based words or abused, insulted or humiliated the victim on the ground of his belongings to Scheduled Caste or Scheduled Tribes.”

In the judgment dated September 8, the high court directed to discharge the accused so far as SC/ST Act is concerned passed by special judge SC/ ST Act Ghaziabad. However, the high court made it clear the criminal proceedings will continue so for as other offence like cheating is concerned. The FIR against the accused was lodged at the Loni Ghaziabad police station.