Desirable to outline the charges, if not in FIR then in charge sheet under SC/ST Act: SC

The Supreme Court has held that it is desirable that charges made against an accused in cases under the SC/ST (Prevention of Atrocities) Act should be outlined, if not in the FIR, then at least in the charge sheet, to enable a special court to take a full and complete view before taking the cognisance of the matter in view of the overriding effect of the special law.

The court also said that every abuse made against a member of Scheduled Caste and Scheduled Tribes in public view cannot fall under the category of offences under the Atrocities Act, unless it is laced with casteist remarks.

A bench of Justices S Ravindra Bhat and Dipankar Datta said if one calls another an idiot (bewaqoof) or a fool (murkh) or a thief (chor) in any place within public view, this would obviously constitute an act intended to insult or humiliate by user of abusive or offensive language.

Also Read | SC raps Iskcon Kolkata officials, says global spiritual leaders engaging in frivolous litigations to settle personal scores

"Even if the same be directed generally to a person, who happens to be a Scheduled Caste or Tribe, per se, it may not be sufficient to attract section 3(1)(x) of the Act, unless such words are laced with casteist remarks," the bench said.

The court also pointed out that section 18 of the SC/ST Act bars invocation of the court’s jurisdiction under section 438, (anticipatory bail) of the Criminal Procedure Code.

In view of the overriding effect of the SC/ST Act over other laws, it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the FIR (which is not required to be an encyclopaedia of all facts and events), but at least in the charge-sheet (which is prepared based either on statements of witnesses recorded in course of investigation or otherwise) so as to enable the court to ascertain whether the charge sheet makes out a case of an offence under the SC/ST Act having been committed for forming a proper opinion in the conspectus of the situation before it, prior to taking cognisance of the offence, the bench said.

Also Read | SC stalls DDA’s ongoing drive to demolish dwelling units at Delhi’s Vishwas Nagar for 7 days

The top court allowed an appeal filed by Ramesh Chandra Vaishya against the Allahabad High Court's order of May 23, 2022.

The HC had rejected his plea to quash an FIR lodged against him under various provisions of the IPC and section 3(1)(x), the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Looking at the charge sheet filed in January 2016, the top court said it does not make out any case of an offence by the appellant warranting him to stand a trial.

"Even though the appellant might have abused the complainant but such abuse by itself and without anything more does not warrant subjecting the appellant to face a trial," the bench said.

It said the High Court misdirected itself in failing to appreciate the challenge to the criminal proceedings including the charge sheet in the proper perspective and occasioned a grave failure of justice in rejecting such challenge.

The court also said it would be an abuse of the process of law to allow continuation of criminal proceedings here.