Complete Violation Of Fundamental Rights: Jharkhand High Court Asks District Administration To Ensure Protection Of Paharia Community

The High Court was considering a criminal appeal filed by the accused appellants for the grant of anticipatory bail as they were apprehending their arrest in a case instituted under Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 352, 351(2), 109(2) of BNS, 2023 and section 3(1)(r), 3(1)(s), 3(1)(x), 3(1)(y), 3(1)(za) and 3(1)(zc) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

The Single Bench of Justice Sanjay Prasad held, “It appears that there is complete violation of fundamental rights of the Paharia Community in the district of Sahibganj at village Kasba, Sirasin for safeguarding the rights of the Tribal community and for giving them proper attention by the District Administration and as a result of which the informant had no other option but to get the case compromised and which is not appreciated by this Court.”

“The District Administration i.e. the Deputy Commissioner, Sahibganj and the Superintendent of Police, Sahibganj are directed to ensure proper security to the people of Paharia community by taking all necessary and appropriate steps forthwith. The State Authorities, particularly, the Director General of Police, Government of Jharkhand and the Home Department shall ensure the compliance of the order by sending it to the Principal Secretary of the concerned Departments to look after the welfare of the Tribal community and also the Paharia community. They are also directed to ensure supply of food grains, water and other basic amenities to the people of Paharia community”, it ordered.

Advocate Yasir Arafat represented the Appellants while Public Prosecutor Pankaj Kumar represented the Respondent State.

Factual Background

It was alleged in the FIR that on March 14, 2025, while the informant, along with her neighbours belonging to the Paharia community, were celebrating the Holi festival, certain armed people of the Muslim community closed the Music Sound box and threatened them not to celebrate the festival. The informant and the people of the Paharia community protested that they have the right to celebrate the festival as per the law of the Government of India, but the co-accused started outraging the informant’s modesty. It was alleged that he thrashed and abused her in the name of caste. They also allegedly prohibited the shopkeepers and doctors from selling articles or giving treatment to anyone from the Paharia community. They stated that they would not allow the Paharia community to use water from the Government tap and also restrained their children from going to the Government School and Aanganbari Kendra.

Reasoning

On a perusal of the FIR and the case diary, the Bench found that some people in the district of Sahibganj, including the appellants, were running a parallel administration. The Bench noted that the people of the Paharia community in the District of Sahibganj were not only forbidden from celebrating Holi festival on the date of occurrence, but they were also denied the basic needs of food and water and the right to live with dignity and decency in utter violation of constitutional rights.

“This Court is surprised to see as to how the case is still under investigation when the case has been instituted on 20.03.2025 and when such a mass threatening has been issued against the people of Paharia community by the appellant and other co-accused persons as named in the FIR, and the District Administration is negligent”, it stated.

The Bench took note of the fact that even 10 months after the lodging of the FIR and from the statements of the witnesses, none of the accused or other co-accused named in the FIR had been apprehended by the police so far. “This completely shows negligence on the part of the I.O and the Senior Police Officials of Sahibganj District”, it added.

Finding that there was a complete violation of fundamental rights of the Paharia Community in the district of Sahibganj, the Bench passed a direction for the community’s proper security and rejected the prayer for anticipatory bail of the appellants.

“However, let a copy of this order be sent to The Chief Secretary, Government of Jharkhand, Principal Secretary, Home Department, Government of Jharkhand, The Director General of Police, The Secretary, Department of Scheduled Tribe, Scheduled Caste, Minority and Backward Class Welfare, Government of Jharkhand, The Secretary, Women and Child Welfare Department, Government of Jharkhand and also to The Deputy Commissioner, Sahibganj and The Superintendent of Police, Sahibganj for taking all necessary steps for safeguarding the lives of the Paharia Community from the hands of the appellants and the people who are not adhering to the rule of law and if necessary, then an appropriate Committee(s) consisting of Senior District Officials and Police Officials may be constituted for safeguarding the interests of Paharia community in Sahibganj District”, it ordered.

The Bench concluded the matter by directing the State Government and the Director General of Police to ensure that no such incident takes place in the entire Dumka Commissionerate.

Cause Title: Safikul Shekh v. The State of Jharkhand (Neutral Citation: 2026:JHHC:2184)

Appearance

Appellants: Advocate Yasir Arafat

Respondent: Public Prosecutor Pankaj Kumar, Advocate Faruque Ansari

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