PRAYAGRAJ: Allahabad High Court has said that unknowingly making caste based remarks against a Scheduled Caste person does not constitute an offense under Section 3(2)(v) of the SC-ST Act. Such a crime will be considered only when the person making the comment knows that the person against whom he is using caste-related abusive language belongs to a Scheduled Caste person.
The court canceled the ongoing case proceedings under the SC-ST Act on unintentional caste remarks. Justice Prashant Kumar has given this order on the petition of Dehradun resident Alka Sethi.
In the case of SC-ST Act, the court heard the maintainability of the petition under section 482 due to the absence of any objection by the opposition lawyer. The court said that the Supreme Court has issued guidelines for using the inherent power of Section 482 in the Bhajanlal case. According to him, if prima facie a crime is not made out then the court can interfere in the case proceedings.
The petitioner alleges that in connivance with the land mafia, revenue officials and the then SHO, he was forced to visit the office to get the measurement of his land purchased through deed of sale. He has been implicated in a false case for protesting against the arbitrary measurement of the accountant against the order of the SDM to do the measurement in the presence of both the parties.
The police station did not listen to his complaint. A day later, a false FIR was registered against the accountant. On this, the court has directed the Director General of Police to get the complaints of the petitioner made on IGRS and dashboard investigated by the Senior Superintendent of Police. The investigation should be completed within four months. The court has canceled the SC-ST case registered in Biharigarh police station of Saharanpur.
The court said that the charge sheet has been filed in a very technical manner. The trial court took cognizance and also issued summons. The court considered the FIR lodged as a retaliatory attack to avoid the scuffle with the petitioner. Also expressed surprise that the revenue officers were tied up and released when senior officers reached the spot.
Allahabad High Court said that the SC-ST law has been made to protect the weak from atrocities, but it is being misused for personal vendetta or interest or to protect oneself.
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