Special Court's Acceptance of Final Report Quashed; Digital Offences to be Traced by Cyber-Forensic Team
In a significant ruling, the Calcutta High Court has mandated a further investigation into a case involving casteist insults allegedly made on Facebook, overturning the earlier decision of a Special Court which had accepted a "Nil/No Clue" Final Report. The judgment, pronounced by Justice Uday Kumar on September 25, 2026, highlights the necessity of thorough investigation in cases involving digital evidence, particularly under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The petitioner, Sayan Mondal, a member of the Scheduled Caste community, had lodged a complaint against Rabiul Islam Bulbul and Sayan Dutta, accusing them of hurling casteist abuses via social media. Despite the submission of digital evidence, including screenshots, the police had closed the case citing the inability to retrieve user details from Facebook.
Justice Kumar criticized the Special Court's decision to reject Mondal's protest petition, which was grounded on the fact that the complainant had been involved in other cases. The High Court emphasized that each criminal occurrence must be evaluated independently, without prejudice from unrelated cases. The ruling noted that the decision to accept the final report was legally unsustainable as it dismissed the distinct nature of the complaint without proper examination.
The judgment underscored the importance of recognizing the digital domain as a public space under the SC/ST Act. It pointed out that the inability of the local cyber cell to extract data should not be the endpoint of the investigation when digital evidence and corroborative statements are present.
The High Court has directed the Special Court in Alipore to conduct further investigation under the supervision of the Deputy Commissioner of Police or a specialized cyber cell. This investigation is to employ cyber-forensic experts to trace the digital footprints and profile logs of the accused. The Court has set a three-month deadline for the submission of a comprehensive police report.
This decision sets a precedent for handling digital offences and reinforces the judiciary's stance on the rigorous examination of evidence in cases of alleged caste-based discrimination and abuse on social media platforms.
Bottom Line :
SC/ST Act - Casteist abuse through Facebook/social media - Acceptance of Final Report True/No Clue merely because complainant had filed other cases is perverse - Each criminal occurrence must be examined independently - Where screenshots, links and Section 164 statement disclose prima facie material, further investigation through specialized cyber-forensic supervision can be directed under Section 173(8) Cr.P.C.
Statutory provision(s): Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(1)(r), 3(1)(s); Code of Criminal Procedure, 1973 Sections 173(8), 482, 397, 161, 164, 190
Sayan Mondal v. State of West Bengal, (Calcutta) : Law Finder Doc id # 2985933
