HC quashes criminal proceedings under SC/ST Act against couple for ‘remarks’ against revenue official

The petitioners — Alka Sethi and her husband Dhruv Sethi of Dehradun in Uttarakhand — alleged that the “local land mafia”, in collusion with revenue and police officials, was attempting to grab their land and harassing them. They (couple) further contended that the case against them was fabricated to pre-empt any legal action they might take against the complicit revenue officials, including the lekhpal, involved in illegal activities with the “land mafia”.

They vehemently denied using any casteist remarks against the lekhpal and claimed they were unaware of his caste.

In 2022, the couple had lodged two criminal cases over their alleged harassment.

Justice Prashant Kumar said in the order, “In view of the judgments laid down by the Hon’ble Supreme Court unless and until it is proved that the applicants are aware of the Caste of the victim, there is no occasion for him to make such a comment, or even if made, it would be unintentional, and hence the same would not fall under the offence under 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.”

“This court will be failing in its duty if such activities are allowed to take place in the state of U.P. by none other than the government servant. Here the connivance of land mafias, the Revenue Officers and the then S.H.O., seems to be playing major role, wherein a couple has wrongly been implicated in the criminal proceedings and they have been forced to run from pillar to post. The conduct and connivance of the revenue officials, police personnel and the land mafias are also to be investigated upon. I would request the Director General of Police to get the matter investigated by the concerned Senior Superintendent of Police. The investigation may be completed preferably within 4 months from today,” the court added.

The court further observed, “Undoubtedly it is a clear misuse and abuse of process of law there is not even a single iota of evidence to show that the applicants are aware of the caste of the opposite party… it is hard to believe that the applicants had used caste related words against the opposite party.”
The case against the couple was initiated on August 18 last year at the Biharigarh police station in Saharanpur, alleging they abused the lekhpal during land inspection at Satpura village.

The complainant (lekhpal) claimed that the couple threatened to falsely implicate him by accusing him of misconduct with a woman and corruption allegations if he did not comply with their demands. It was further alleged that the couple unlawfully detained the lekhpal and released him only after the intervention of the local station house officer (SHO).

The case against the two was filed on various charges, including violations of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The couple alleged that despite the Behat sub-divisional magistrate (SDM)’s direction, the revenue official delayed the process of demarcation as the local land mafia in nexus with revenue and police officials hatched a conspiracy to grab the parcel of land.

The couple contends that the then kanoongo misled them by claiming that the demarcation had been postponed to August 22 (2023). When the couple visited their land in the afternoon of August 18, they discovered the revenue team, including the lekhpal, conducting demarcation of land in the presence of other people, whom they thought to be miscreants, it was alleged.

The couple began recording videos of those present, alleging that the process was being conducted without adhering to due legal procedures, they added. When the couple challenged them, a confrontation ensued, with the revenue officials, including the lekhpal.