Quashing charges under the SC/ST Act filed against a journalist by a police officer, the Allahabad High Court observed that merely knowing that the person belongs to the SC/ST community, abusing them, and using caste names would not constitute an offence.
The court was hearing an appeal filed by Sanjeev Rai, a journalist from Mau district. The case against him was lodged on February 26 last year by Ajay Vikram Singh, the then Deputy SP of Mohammadabad Circle. He is presently posted as Chief Airport Security Officer, Azamgarh.
A bench of Justice Madan Pal Singh, in its April 2 order, observed, “… to constitute an offence under Section 3(1)(s) (intentional insult, humiliation or abuse of a SC/ST member based on their caste in public view), it would be necessary that the accused abuses the member of the community by their caste name in any place within public view. Thus, the allegations must reveal that abuses were laced with caste name, or the caste name had been hurled as an abuse.”
In the present case, the court said, there is not even a “whisper in the FIR or statements recorded during investigation to show that the appellant acted with the requisite mens rea to humiliate the informant on the basis of his caste”. Mere use of abusive language or involvement in a scuffle, without the foundational requirement of caste-based intent, does not attract the rigours of the SC/ST Act, the bench stated.
“It is manifest that the essential ingredients of the offences under the SC/ST Act are wholly absent. The prosecution case, even if accepted in entirety, discloses at best a minor scuffle arising out of a personal dispute, which has been given a criminal colour under special legislation,” the court order stated.
The arguments
Rai had sought quashing of the chargesheet filed against him under various BNS sections and under SC/ST Act Section 3(1) (da) (forced displacement of a SC/ST member) in a case lodged at Muhammadabad police station.
He also sought quashing of the summoning order passed by the Special Judge, SC/ST (Prevention of Atrocities Act, 1989), Mau, on September 1 last year after taking cognizance on the chargesheet.
Story continues below this ad
As per the FIR, police officer Singh alleged that Rai attempted to terrorise local police to co-operate with his immoral acts and pressured to do the same, which he refused. He claimed Rai complained to higher authorities against him.
Singh, who belongs to the SC community, further alleged in the FIR that on November 8, 2024, Rai abused him using his caste name when he was attending a ceremony at a local school.
However, Rai’s counsel submitted in court that statements of the prosecution witnesses are materially inconsistent with regard to the place of occurrence. According to their statements, the police official was not present at the spot when caste-related words were hurled as abuse.
The counsel also submitted that a dispute arising out of an alleged act of bursting crackers has been given the colour of an offence under the SC/ST Act.
Story continues below this ad
The Additional Government Advocate and Singh’s counsel submitted that the accused used caste-related abuse and there is no inconsistency in the case.
Hearing the submissions, the bench of Justice Singh observed that the material collected during investigation does not disclose that the alleged acts were committed on account of the caste of the informant or with the intention to humiliate or intimidate him solely because he belongs to a Scheduled Caste.
The court, in its order, said continuation of criminal proceedings against the appellant under SC/ST Act provisions would amount to abuse of the process of law.
“… The chargesheet dated July 1, 2025, cognizance-cum-summoning order dated September 1, 2025, [for] offences under Sections 3(1)(da) of the SC/ST Act… are… hereby quashed. Remaining proceedings related to offences under IPC/BNS will continue against the appellant, the order stated.
Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution.
Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape.
Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More
