‘Incident not in public view’: SC junks case under SC-ST Act

New Delhi, Jan 31 (PTI) The Supreme Court on Friday quashed a case against a man booked under the SC/ST Act saying the alleged incident did not happen in public view.

A bench of Justices B R Gavai and Augustine George Masih said Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, reveals for an offence to occur, it had to be established that the accused intentionally insulted or intimidated a member of either a SC or ST with the intent to humiliate in a place within public view.

In addition, it said for constituting an offence under Section 3(1)(s) of the Act, it would be necessary that the accused abused any member of a SC or ST by caste name in any place within public view.

“We are, therefore, of the considered view that since the incident has not taken place at a place which can be termed to be a place within public view, the offence would not come under the provisions of either section 3(1)(r) or section 3(1)(s) of the SC-ST Act,” held the bench.

Section 3 of the Act deals with punishment for offences of atrocities.

The top court referred to the FIR which said the alleged incident took place within the four corners of the complainant’s chambers and his other colleagues arrived there after the of incident.

The top court delivered its verdict on an appeal filed by a man challenging a February 2024 order of the Madras High Court.

The high court dismissed his plea for quashing the proceedings before a trial court in Tiruchirappalli.

The prosecution alleged in September 2021 the man approached the complainant, a revenue inspector, to enquire over the status of a petition filed in the name of his father concerning inclusion of name in the “patta” for land.

Following a purported quarrel, the appellant allegedly hurled caste slurs at the complainant in his office.

The complainant filed a complaint and a case was registered against the man for the alleged offences, including under Sections 3(1)(r) and 3(1)(s) of the SC-ST Act.

After investigation, a chargesheet was filed in a trial court at Tiruchirappalli.

Aggrieved by the initiation of criminal proceedings, the man moved the high court for quashing.

The high court dismissed the plea and held no prejudice would be caused if he was subjected to trial.

“It could thus be seen that, to be a place ‘within public view’, the place should be open where the members of the public can witness or hear the utterance made by the accused to the victim,” said the apex court.

If the alleged offence took place within the four corners of the wall where members of public were not present, then it couldn’t be said it occurred at a place within public view, it added.

The bench observed the allegations in the FIR, even at face value and accepted in entirety, did not prima facie constitute an offence either under Section 3(1)(r) or Section 3(1)(s) of the Act.

While allowing the appeal, the bench set aside the high court order and quashed the chargesheet besides the related proceedings.