The court also noted that the dispute “essentially arised from a transaction concerning sale of disputed property”. (Representative image)Parvez Sagar

Caste identity alone not ground to invoke SC/ST Act: Allahabad High Court

The Allahabad High Court quashed SC/ST Act proceedings in a Ghaziabad property dispute, saying there was no material in the FIR or case diary to show that the accused had used caste-based slurs or abused, insulted or humiliated the complainant because of his caste.

by · India Today

In Short

  • Court found no FIR material showing caste-based abuse or humiliation
  • Judges said the row mainly stemmed from a disputed property sale
  • Proceedings under the special law were quashed for five appellants

The Allahabad High Court has held that the SC/ST Act cannot be invoked merely because the complainant belongs to a Scheduled Caste or Scheduled Tribe, observing that the specific ingredients of an offence under the law must be established.

Justice Santosh Rai made the observation while partly allowing a criminal appeal filed by Raju Kuraishi and four others and quashing proceedings against them under the SC/ST Act. The court noted that the dispute between the parties was essentially related to the sale of a property, while the complainant’s SC status alone was cited for invoking the special law.

The court said there was no material in the FIR or case diary to show that the accused had used caste-based slurs or abused, insulted or humiliated the complainant because of his caste.

“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 belonging to Scheduled Caste or Scheduled Tribe,” Justice Rai said.

The court also noted that the dispute “essentially arised from a transaction concerning sale of disputed property”.

In its September 8 judgment, the High Court directed that the accused be discharged from the case under the SC/ST Act, setting aside the corresponding proceedings before the special SC/ST court in Ghaziabad.

However, the court said proceedings against the accused for other offences, including cheating, would continue. The FIR was registered at Loni police station in Ghaziabad.

- Ends