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Caste should not be mentioned in arrest memos: Rajasthan HC

The order came on a plea by a petitioner who was denied bail after the caste was mentioned incorrectly on his bail application form.

jaipur Updated: Jul 06, 2018 21:06 IST
HT Correspondent
HT Correspondent
Hindustan Times, Jaipur
The court said that it is time to build a casteless society and identification on caste basis should be done away with. (Getty Images/iStockphoto)

Hearing a case in which bail was denied to an accused as his caste was wrongly mentioned in the bail application, the Rajasthan high court has said that it is time to build a casteless society and identification on caste basis should be done away with.

Giving an order on a bail application hearing, the court gave directions to the director general of police and the state government to make the necessary changes to do away with the requirement of seeking the caste identity in bail bonds and arrest memos.

Justice Sanjeev Prakash Sharma noted in his order that neither the CrPC nor the Constitution provides that a person is identified by his caste. “State should strive towards a casteless society. However, state functionaries instead insist on mentioning caste,” the judge said.

The order came on a plea by a petitioner who was denied bail after the caste was mentioned incorrectly on his bail application form. The petitioner, Bishan Jatav, was in jail in Alwar for liquor smuggling and was jailed on June 10.

Giriraj Sharma, counsel for the petitioner, said that the accused had got bail on June 29. But as the caste was mentioned wrongly, the lower court which was to execute the bail bond, refused to furnish bail, he said.

Sharma said he had wrongly mentioned as Mev instead of Jatav. He said that he had moved a correction application on July 3 in the high court and said that as the caste had been wrongly mentioned, the accused had not got bail for last five days.

The correction application came up for hearing on July 4 and during the hearing, Justice Sanjeev Prakash Sharma said that an accused should not be identified by his caste. The court said it was time to create a casteless society and ruled that there should not be any column for caste on FIRs, bail bonds or arrest memos.

The court also gave directions to the state government and the police to make the necessary changes in the law. The court said the order would not apply to SC/ST cases.

First Published: Jul 06, 2018 21:05 IST