While quashing the complaint filed by a Bharatiya Janata Party member against another BJP leader who held the position of President of Chotila Nagarpalika, the Gujarat High Court expressed its concern over the increasing misuse of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act,1989 (SC/ST Act) which was essentially designed to protect members of marginalised communities from oppression and atrocities and emphasised the need for fair and meticulous investigations in invoking the said Act.

Expressing concern and acknowledging the SC/ST Act’s noble purpose, the High Court stressed the fact that its misuse could undermine its efficacy and erode public trust in the legal system.

A Single Judge Bench of Justice Sandeep N. Bhatt observed that “Unless the investigation indicates or reveals the intention of a person not belonging to Scheduled Caste or Schedule Tribe to commit any of the offences under Section 3 of the Act, to oppress or insult or humiliate or subjugate or ridicule a member of Scheduled Caste or Scheduled Tribe as such person merely belongs to that caste, the offence under Section 3 of the Act cannot be invoked. If the motive for the crime is not a casteist attack, the person cannot be dragged for an offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act”.

“While the Act is essentially meant for protecting the members of a scheduled caste or scheduled tribe from atrocity or oppression, at the same time, it cannot be allowed to be misused”, added the Bench

Advocate Kunal S. Shah appeared for the petitioner, whereas APP Soaham Joshi appeared for the Respondent.

The brief facts of the case were that, both the individuals were affiliated with the same political party. The petitioner had sought the position of President of Chotila Nagarpalika, while the complainant intended to cast his vote in favour of the Congress Party. The case in question involved serious allegations of caste-based abuse and humiliation, leading to the accused BJP leader being charged under the SC/ST Act, along with Section 506 of the Indian Penal Code, 1860 (IPC) for criminal intimidation. It was alleged that a verbal altercation ensued between them, leading to the petitioner humiliating the complainant in the presence of other elected members, including women members of the Nagarpalika. Subsequently, the complainant filed a complaint against the petitioner.

After considering the submission, the Bench found compelling evidence suggesting that the complaint was politically motivated and lacked authenticity and observed that despite the alleged incident, the complainant did not raise his grievance before higher authorities or lodge a complaint with the police immediately which raised doubts about the genuineness of the complaint and tilted the balance in favour of the petitioner.

The Bench also noted that the complainant’s decision to vote in favour of the Congress party led to his expulsion from the BJP, creating a hostile atmosphere between the two leaders, and subsequently, the complainant lodged a complaint against the petitioner, alleging caste-based insults and mistreatment.

The High Court stated that even if the alleged incident was deemed to have occurred, the same was to be considered as a sudden outburst without the requisite intention to humiliate the complainant, and observed that the allegations mentioned in the impugned complaint did not constitute criminal offences under the SC/ST Act, as alleged.

Finding that the place of offence was a public place i.e. the office of the Nagarpalika, the High Court found that there was no concrete material against the petitioner in the entire investigation, which attracted the provisions of the SC/ST Act.

Therefore, while concluding that the FIR lacked credibility and appeared to be an attempt to settle political scores, the Bench quashed the same.

Cause Title: Jivanbhai Nagjibhai Makwana v. State of Gujarat

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Justice Sandeep N. BhattGujarat High CourtSC/ST (Prevention of Atrocities) Act

Pankaj Bajpai