Allahabad High Court Seeks Explanation For Mentioning Accused's Caste In FIR, Directs DGP To File Affidavit
The case pertains to an alleged liquor smuggling operation in Etawah District, where the accused is alleged to be the leader of a gang smuggling liquor from Haryana to Bihar.
Raising concerns over the mention of an accused's caste in a First Information Report (FIR), the Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to submit a personal affidavit justifying the relevance of including caste details in police investigations.
The Single Bench of Justice Vinod Diwakar issued the direction while hearing a petition seeking the quashing of an FIR.
“The Director General of Police is directed to file a personal affidavit, before the next date of hearing, justifying the requirement and relevance of mentioning the caste of a suspect or a group of persons in an FIR or during a police investigation in a caste-ridden society, where social divisions continue to influence law enforcement practices and public perception,” the Court stated in its order.
The Court noted the growing concerns about institutional bias, the reinforcement of stereotypes, and the potential for prejudicial treatment against marginalized communities due to caste-based identification in legal proceedings. "This requirement comes amid growing concerns over institutional bias, the potential for reinforcing stereotypes, and the risk of prejudicial treatment against marginalized communities," the Court said.
The Court emphasized that the Indian Constitution abolishes caste-based discrimination, and the Supreme Court has previously deprecated the practice of mentioning caste and religion in legal pleadings. It directed the DGP’s affidavit to address whether the inclusion of caste details serves any legal necessity or if it perpetuates systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice.
"At the same time, the Constitution guarantees the abolition of caste-based discrimination in India, emphasizing equality, dignity, and impartial justice for all citizens. Furthermore, the Supreme Court has also deprecated the practice of mentioning caste and religion in the pleadings, recognizing that such reference serve no legal purpose and may perpetuate discrimination. Hence, the affidavit shall address whether such reference to caste serve any legal necessity or inadvertently perpetuate systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice," the Court observed.
The issue arose in connection with an FIR quashing plea filed by a man, who has been booked under Sections 420, 467, 468, and 471 of the Indian Penal Code (IPC), read with Sections 60/63 of the Excise Act. The case pertains to an alleged liquor smuggling operation in Etawah district, where the accused is alleged to be the leader of a gang smuggling liquor from Haryana to Bihar.
Upon reviewing the FIR, the Court observed that the police had apprehended and arrested multiple individuals and had mentioned the caste of all the accused. The matter has been listed for a fresh hearing on March 12.
Cause Title: Praveen Chetri v. State of U.P. and Another [Application U/S 482 No. 31545 of 2024]
Appearance:-
Applicant: Advocates Prashant Sharma, Surendra Pratap Singh
Click here to read/download the Order
