Lawstreet Journal

Casteist Words Over Phone Call Not an Offence Under SC/ST Act, 1989 As Not Made In Public Place Within Public View: P&H HC [READ ORDER]

Lawstreet Journal 1 Jun 2020 8:51pm

Image courtesy: Lawstreet Journal Judiciary Casteist Words Over Phone Call Not an Offence Under SC/ST Act, 1989 As Not Made In Public Place Within Public View: P&H HC [READ ORDER]

A Single Judge Bench of Justice Harnaresh Singh Gill of the Punjab and Haryana High Court has on May 14, 2020, in the matter of Pardeep Kumar v. State of Haryana and Anr. and Sandeep alias Deepa v. State of Haryana and Anr. ruled that making a casteist remark over the phone would not constitute an offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC & ST Act) since the ingredient of the insult being in "public place and within public view" would be absent.

 

Background of the case: 

The present petitions were filed against the order passed by Additional Sessions Judge (Exclusive Court for Heinous Crime against Women), Kurukshetra, vide which the application was disposed of by observing that prima facie offense punishable under Section 506 (Punishment for Criminal Intimidation) read with Section 34 Indian Penal Code, 1860 and Sections 3 (i)(r), 3 (i) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('Act' for short) was made out and charges were framed against the petitioners accordingly.

A FIR was registered on the complaint of Rajinder Kumar (also a Sarpanch of the village to which the complaint belonged) alleging that petitioners Sandeep Kumar and Pardeep Kumar had used abusive language against him on mobile phone in the name of his caste and also gave threat to kill him.

 

The holding of the Court: 

The Court held that to constitute the offense under the SC & ST Act, it must be… Continue Reading...


Tagged: Scheduled Caste and Scheduled Tribe   Scheduled Castes and Scheduled Tribes  
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