Court affirms prima facie case against appellants for caste-based humiliation, reinforcing Section 18 bar on anticipatory bail.
Indore, Madhya Pradesh - In a significant ruling, the Madhya Pradesh High Court has dismissed the appeals of Mukesh Kumawat and others seeking anticipatory bail under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The appellants were implicated in a case for allegedly insulting and humiliating a Scheduled Caste woman, a school teacher, through derogatory remarks and threats.
The bench, presided over by Justice Shri Gajendra Singh, highlighted the legal bar on granting anticipatory bail under Section 18 of the SC & ST Act, underscoring that the FIR and surrounding evidence pointed to a prima facie case against the accused. The judgment reiterated that derogatory terms published in a newspaper, attributed to the appellants, along with threats made in a public setting, satisfied the conditions for the application of the Act.
The incident, reported on March 6, 2025, involved the appellants confronting the complainant at her workplace and subsequently threatening her on the road, a public place. The appellants, claiming to be journalists, allegedly demanded money and threatened to defame the complainant using a video they recorded. The court found that the publication of the term "Chindi Chor" (petty thief) in a newspaper further evidenced their intention to insult and humiliate the complainant, thereby reinforcing the applicability of Section 18.
The defense argued that the allegations were fabricated and intended to retaliate against the appellants for exposing purported malpractices at the school. However, the court, referencing previous Supreme Court judgments, emphasized that anticipatory bail cannot be granted when a prima facie case under the SC & ST Act is established, and the details of the FIR clearly indicated such a case.
This ruling underscores the judiciary's firm stance on upholding the rights and dignity of Scheduled Caste individuals against acts of discrimination and humiliation, reaffirming the stringent provisions of the SC & ST (POA) Act.
Bottom Line:
SC & ST (Prevention of Atrocities) Act, 1989 - Bar on anticipatory bail under Section 18 of the Act - Prima facie case established under Sections 3(1)(r), 3(1)(s), and 3(2)(va) - Intention to insult or humiliate can be inferred from surrounding circumstances and evidence.
Statutory provision(s): SC & ST (Prevention of Atrocities) Act, 1989 - Sections 3(1)(r), 3(1)(s), 3(2)(va), 18; Criminal Procedure Code, 1973 - Section 438; Bharatiya Nyaya Sanhita, 2023 - Sections 126(2), 115(2), 119, 351(3), 3(5).
Mukesh Kumawat v. State of Madhya Pradesh, (Madhya Pradesh)(Indore) : Law Finder Doc Id # 2787201
