SC Or ST Act Cannot Be Invoked Against Members of the Same Community
The Punjab & Haryana High Court ruled that the SC/ST (Prevention of Atrocities) Act, 1989, can only be invoked against persons who do not belong to this community. Justice Manisha Batra clarified that the Act does not apply when the accused also belongs to the same category.
Anticipatory Bail Granted
The court allowed anticipatory bail to Avtar Singh and Jagsir Singh, both SC community members, in a case under Section 3 of the SC/ST Act and other provisions of the Bharatiya Nyaya Sanhita (BNS). The Additional Sessions Judge had earlier rejected their bail plea, citing non-maintainability.
No Prima Facie Case Under SC/ST Act
The complainant accused the appellants of making caste-based derogatory remarks and assaulting a group with sticks. However, A review of the FIR showed that:
The appellants were named, but no specific injury was attributed to them.
There were no allegations that they had used caste-based derogatory remarks.
Court’s Stand on the Act Misuse
The court relied on the Supreme Court’s ruling in Shajan Skaria vs. State of Kerala, which states:
“Courts must ensure that accusations under the Act contain the essential ingredients required to constitute an offence.”
The court emphasized that judges should conduct a preliminary inquiry before applying Section 18 of the Act, which bars anticipatory bail. It ruled:
“A plain accusation, without necessary ingredients of the offence, cannot invoke the bar under Section 18.”
Final Orders
In light of these observations, the Punjab & Haryana High Court granted anticipatory bail to the appellants, subject to certain conditions.
Key Takeaways
The Act cannot be applied against minority community members.
Anticipatory bail is allowed if the FIR lacks essential ingredients of an offence.
Courts must conduct a preliminary inquiry to prevent misuse of the Act.
