Misused Protective Legislation: Andhra Pradesh High Court Quashes SC/ST Act Case Filed By Converted Christian Pastor
The Andhra Pradesh High Court stated that mere non-cancellation of the caste certificate of a person who has converted into Christianity cannot instil the protection granted under the Protective Legislation.
The Andhra Pradesh High Court held that the registration of a crime by a person who has converted to a different religion under the provisions of the SC/ST (Prevention of Atrocities) Act is illegal.
An FIR was registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) after the complainant, a converted Christian Pastor, alleged that he was slapped and fisted by the Petitioners during a prayer service. However, the Petitioners argued that the registration of the FIR under the SC/ST Act was bad in law because the complainant had converted to Christianity, and such a person cannot claim to be a member of the Scheduled Caste community.
A Single Bench of Justice Harinath N held, “The 2nd respondent has ceased to be a Member of the Scheduled Caste Community, the day he had converted into Christianity…this Court is of the considered view that the registration of crime under the provisions of SC ST (Prevention of Atrocities) Act is illegal. It is also held that filing of charge sheet inspite of the categorical statements of the listed witnesses specifically stating that the 2nd respondent is working as a Pastor for the last 10 years, the police could not have laid a charge sheet charging the petitioners for alleged offence under Sections 3(1)(r), 3(1)(s), 3(2)(va), SC ST (Prevention of Atrocities) Act.”
Advocate JV Phaniduth appeared for the Petitioners, while Advocate Satheesh Kumar Eerla represented the Respondents.
Brief Facts
The Petitioners were arraigned as accused under Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act and Sections 341, 506, 323 and 34 of the IPC.
The complainant submitted that he cannot be denied the protection under SC/ST Act as the Tahsildar had confirmed that he belonged to the ‘Hindu-Madiga’ by Caste, and is therefore, a member of the Scheduled Caste community.
Court’s Reasoning
The High Court reiterated that only a person belonging to the Scheduled Caste and the Scheduled Tribe can invoke the provisions of the Act. It further clarified that mere non-cancellation of the caste certificate of a person who has converted into Christianity cannot instil the protection granted under the Protective Legislation.
“As seen from the recitals of the complaint and the statements of the material witnesses it is amply clear that the 2nd respondent is working as a Pastor and has been professing Christianity for the last 10 years as on the date of the complaint,” the Bench remarked.
The Court clarified that “Having converted to Christianity, the petitioner cannot continue to be a member of Scheduled Caste community. The caste system is alien to Christianity. Having converted to Christianity and admitting his role as a Pastor in a Church the 2nd respondent could not invoke the provisions of the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act.”
Consequently, the Court ordered, “This Court is of the considered view that a false complaint is filed and no purpose would be served if the petitioners are relegated to the trial Court and to undergo the rigmarole of trial…criminal petition is allowed and Spl.SC.No.36 of 2021 on the file of IV Additional District and Sessions Judge – Cum – SC, ST Court, Guntur is hereby quashed.”
Accordingly, the High Court allowed the Petition.
Cause Title: Akkala Rami Reddy & Ors. v. The State of Andhra Pradesh & Anr. (CRIMINAL PETITION No.7114 OF 2022)
