Court Upholds Bar Under Section 18 of SC/ST Act, Finds Prima Facie Offence in Public View
In a significant ruling, the Delhi High Court has dismissed the anticipatory bail application of Virender Singh Bidhuri, the petitioner in a case involving allegations of caste-based slurs and physical assault under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The decision, delivered by Mr. Justice Ravinder Dudeja, emphasizes the applicability of Section 18, which precludes the granting of anticipatory bail for offences under the SC/ST Act when a prima facie case is evident.
The case stems from an incident on July 30, 2025, wherein the complainant, an Assistant Manager at Batra Hospital, alleged that the petitioner verbally abused her with caste-related derogatory remarks and physically assaulted her on the Badarpur Flyover, an area deemed to be within "public view." The High Court found that the essential ingredients of the offence under Section 3 of the SC/ST Act were satisfied, thereby invoking the statutory bar against anticipatory bail as per Sections 18 and 18-A of the Act.
Counsel for the petitioner argued that the accusations were false and motivated by malafide intent, asserting a consensual relationship between the petitioner and the complainant. However, the court did not find these arguments sufficient to override the statutory provisions designed to protect marginalized communities from discrimination and violence.
The judgment underscores that the SC/ST Act is a special provision aimed at safeguarding members of Scheduled Castes and Tribes from atrocities, reflecting the Act's intent to ensure social justice and equality. The court noted that while anticipatory bail is generally a judicial discretion, the statutory bar under the SC/ST Act is a critical component of the law's framework, ensuring that serious allegations of caste-based atrocities are addressed with the gravity they warrant.
The decision reaffirms the judiciary's role in balancing individual rights with the need for stringent measures against societal discrimination, reiterating that the bar under Section 18 applies firmly where a prima facie case is made out. This ruling is expected to have far-reaching implications for similar cases, reinforcing the legislative intent of the SC/ST Act.
Bottom Line:
Applicability of the bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the grant of anticipatory bail when prima facie offence is disclosed.
Statutory provision(s): Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 3(1)(r)(s)(w-ii) of the SC/ST Act, Section 438 of Bharatiya Nagarik Suraksha Sanhita, 2023
Virender Singh Bidhuri v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2800135
