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CHANDIGARH: The Punjab and Haryana high court has quashed criminal proceedings against a Haryana activist booked for “casteist” comments against an Indian Police Service (IPS) officer, Vinod Kumar, who was SP, Charkhi Dadri in 2021. “…in no manner would suggest that the petitioner made any casteist remarks on the social media. Even a layman, if not an officer of IPS rank, can easily comprehend that the comments made by the petitioner cannot be termed to be with a view to intention- ally insult or intimidate respondent No.3 (the officer) or to promote the feelings of enmity, hatred or ill-will against him or police depart ment as a whole,” the bench of justice Sandeep Moudgil observed in its judgment.

THE COURT OBSERVED THAT FROM A BARE READING OF THE FIR, IT IS NOWHERE ALLEGED THAT THE OFFICER IS A MEMBER OF THE SC/ST COMMUNITY AND THAT THE PETITIONER WAS HAVING KNOWLEDGE OF THE OFFICER’S CASTE

The order was passed in January but made available now.

The petition was from one. Jitender Jatasra, made co-accused in the first information report (FIR) registered under the Information Technology Act, 2008, promoting enmity and under various sections of the Scheduled Castes & Sched uled Tribes (Prevention of Atrocities) Act, 1989, by the Charkhi Dadri police.

The chargesheet was filed on May 31, 2021. Jatasra had challenged the FIR and chargesheet in August 2021.

Jatasra had made some comments and also shared a video in which the main accused named as Rahul made some allegations against the police, especially against the IPS officer.

 The court observed that from a bare reading of the FIR, it is nowhere alleged that the officer is a member of the SC/ST community and that the petitioner was having knowledge of the caste of the officer.

The court observed that the whole FIR is based on the “hearsay”, and it appeared police, particularly the IPS officer, worked with “pre-conception and pre-determined mindset” to “implicate” the accused per sons.

“In legal parlance, Section 3(1)(r) & (u) of the SC & ST Act can be invoked only when an accused person intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view, by words either written or spoken or by signs or by visible representation or otherwise and promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the Sched- uled Castes or the Scheduled Tribes.”

“The contents of the FIR nowhere remotely suggests that the petitioner used any casteist remarks indicating the name of the respondent No.3 in public place. Neither does the FIR show as to such and such abusive and casteist words were uttered by the petitioner or the main accused Rahul and that too specially naming respondent No.3 or any other officer,” the bench further recorded while quashing the FIR.

For case specific advice, connect with High Court Criminal Lawyers in Chandigarh Panchkula Mohali Zirakpur Derabassi Kharar online.

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