court: Court can quash proceedings in SC/ST Act where it appears offence civil in nature: SC | India News – Rashtra News : Rashtra News
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NEW DELHI: The Supreme Court Monday said that a court can exercise its power to quash proceedings where it appears that the alleged offence although covered under the SC/ST Act, is primarily private or civil or where it has not been committed on account of the caste of the victim.
“The Courts have to be mindful of the fact that the Act has been enacted keeping in view the express constitutional safeguards enumerated in Articles 15, 17 and 21 of the Constitution, with a twinfold objective of protecting the members of these vulnerable communities as well as to provide relief and rehabilitation to the victims of caste-based atrocities.
“On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings,” a bench headed by Chief Justice N V Ramana said.
The observation came while quashing criminal proceedings against a man convicted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The top court was hearing an appeal filed by a man challenging an order of the Madhya Pradesh high court which had upheld his conviction under the SC/ST Act.
A civil dispute over the ownership and possessory rights of a piece of land between the man and his neighbour took an ugly turn when he allegedly not only threw a brick on the woman but also made filthy and slur remarks on her caste, which prompted her to lodge an FIR.
The man and the other co-accused were subsequently tried, which led to his conviction under the SC/ST Act and consequential sentence of six months rigorous imprisonment along with a fine of Rs.1000. The man challenged his conviction and sentence before the High Court but his appeal was dismissed.
The bench also comprising Justices Surya Kant and Hima Kohli said the SC/ST Act has been specifically enacted to deter acts of indignity, humiliation, and harassment against members of Scheduled Castes and Scheduled Tribes, however, it will be extremely circumspect in its approach when dealing with offences arising out of special statutes.
The top court said the Act is a recognition of the depressing reality that despite undertaking several measures, the Scheduled Castes/Scheduled Tribes continue to be subjected to various atrocities at the hands of upper castes.
The apex court said it cannot be understated that since members of the SC/ST belong to the weaker sections of the society, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection.
If the Courts find even a hint of compulsion or force, no relief can be given to the accused party, it said.
In the case in hand, however, the bench noted that the matter had been settled between the parties, and the complainant had filed an application for compromise.
Reiterating the same plea, counsel for the accused canvassed that the parties are residents of the same village and there is no existing enmity between them.
Noting this, the apex court said, if the court is satisfied that the objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a ‘special statute’ would not refrain it or the High Court, from exercising their respective powers under Article 142 of the Constitution.
“We may hasten to add that in cases such as the present, the Courts ought to be even more vigilant to ensure that the complainant victim has entered into the compromise on the volition of his/her free will and not on account of any duress,” the bench said.
“Having considered the peculiar facts and circumstances of the present case in light of the aforestated principles, as well as having meditated on the application for compromise, we are inclined to invoke the powers under Article 142 and quash the instant criminal proceedings with the sole objective of doing complete justice between the parties before us,” the bench said.
The apex court said the very purpose behind Section 3(1)(x) of the SC/ST is to deter caste-based insults and intimidations when they are used to demean a victim on account of he/she belonging to the SC/ST community.
“In the present case, the record manifests that there was an undeniable pre-existing civil dispute between the parties. The case of the appellant, from the very beginning, has been that the alleged abuses were uttered solely on account of frustration and anger over the pending dispute. Thus, the genesis of the deprecated incident was a civil/property dispute.
“Considering this aspect, we are of the opinion that it would not be incorrect to categorise the occurrence as one being overarchingly private in nature, having only subtle undertones of criminality, even though the provisions of a special statute have been attracted in the present case. Secondly, the offence in question, for which the Appellant has been convicted, does not appear to exhibit his mental depravity,” the apex court said.
The bench said the SC/ST Act aims to protect members of the downtrodden classes from atrocious acts of the upper strata of society.
“The Courts have to be mindful of the fact that the Act has been enacted keeping in view the express constitutional safeguards enumerated in Articles 15, 17 and 21 of the Constitution, with a twinfold objective of protecting the members of these vulnerable communities as well as to provide relief and rehabilitation to the victims of caste-based atrocities.
“On the other hand, where it appears to the Court that the offence in question, although covered under the SC/ST Act, is primarily private or civil in nature, or where the alleged offence has not been committed on account of the caste of the victim, or where the continuation of the legal proceedings would be an abuse of the process of law, the Court can exercise its powers to quash the proceedings,” a bench headed by Chief Justice N V Ramana said.
The observation came while quashing criminal proceedings against a man convicted under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The top court was hearing an appeal filed by a man challenging an order of the Madhya Pradesh high court which had upheld his conviction under the SC/ST Act.
A civil dispute over the ownership and possessory rights of a piece of land between the man and his neighbour took an ugly turn when he allegedly not only threw a brick on the woman but also made filthy and slur remarks on her caste, which prompted her to lodge an FIR.
The man and the other co-accused were subsequently tried, which led to his conviction under the SC/ST Act and consequential sentence of six months rigorous imprisonment along with a fine of Rs.1000. The man challenged his conviction and sentence before the High Court but his appeal was dismissed.
The bench also comprising Justices Surya Kant and Hima Kohli said the SC/ST Act has been specifically enacted to deter acts of indignity, humiliation, and harassment against members of Scheduled Castes and Scheduled Tribes, however, it will be extremely circumspect in its approach when dealing with offences arising out of special statutes.
The top court said the Act is a recognition of the depressing reality that despite undertaking several measures, the Scheduled Castes/Scheduled Tribes continue to be subjected to various atrocities at the hands of upper castes.
The apex court said it cannot be understated that since members of the SC/ST belong to the weaker sections of the society, they are more prone to acts of coercion, and therefore ought to be accorded a higher level of protection.
If the Courts find even a hint of compulsion or force, no relief can be given to the accused party, it said.
In the case in hand, however, the bench noted that the matter had been settled between the parties, and the complainant had filed an application for compromise.
Reiterating the same plea, counsel for the accused canvassed that the parties are residents of the same village and there is no existing enmity between them.
Noting this, the apex court said, if the court is satisfied that the objective of the Act would not be contravened or diminished even if the felony in question goes unpunished, the mere fact that the offence is covered under a ‘special statute’ would not refrain it or the High Court, from exercising their respective powers under Article 142 of the Constitution.
“We may hasten to add that in cases such as the present, the Courts ought to be even more vigilant to ensure that the complainant victim has entered into the compromise on the volition of his/her free will and not on account of any duress,” the bench said.
“Having considered the peculiar facts and circumstances of the present case in light of the aforestated principles, as well as having meditated on the application for compromise, we are inclined to invoke the powers under Article 142 and quash the instant criminal proceedings with the sole objective of doing complete justice between the parties before us,” the bench said.
The apex court said the very purpose behind Section 3(1)(x) of the SC/ST is to deter caste-based insults and intimidations when they are used to demean a victim on account of he/she belonging to the SC/ST community.
“In the present case, the record manifests that there was an undeniable pre-existing civil dispute between the parties. The case of the appellant, from the very beginning, has been that the alleged abuses were uttered solely on account of frustration and anger over the pending dispute. Thus, the genesis of the deprecated incident was a civil/property dispute.
“Considering this aspect, we are of the opinion that it would not be incorrect to categorise the occurrence as one being overarchingly private in nature, having only subtle undertones of criminality, even though the provisions of a special statute have been attracted in the present case. Secondly, the offence in question, for which the Appellant has been convicted, does not appear to exhibit his mental depravity,” the apex court said.
The bench said the SC/ST Act aims to protect members of the downtrodden classes from atrocious acts of the upper strata of society.
( News Source :Except for the headline, this story has not been edited by Rashtra News staff and is published from a timesofindia.indiatimes.com feed.)
