For case under SC/ST Act, Offence must be in Public: High Court

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The Allahabad HC on Monday set aside an order of summoning under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, saying that for constituting an offence under this act, public view is mandatory.

If the offence has allegedly been committed behind closed doors – where no witness is present – the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 can’t be applied, said Justice RK Gautam while quoting a Supreme Court ruling & disposing a petition filed by a Sonbhadra resident against the order of Duddhi judicial magistrate in Sonbhadra.

Petitioner KP Thakur was probe officer in a departmental inquiry against one Vinod Kumar Tanay. According to the petition, Thakur had called Tanay to his chamber for recording of evidence on the day of incidence.

The latter had brought a colleague MP Tiwari along with him. Thakur asked Tiwari to go out of his chamber as it would have hindered the process of recording, the petition says.

Following this, Tanay moved a petition before the judicial magistrate against Thakur under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 & other sections of Indian Penal Code. After the court summoned Thakur, he challenged the order in high court.

While partly allowing the petition filed by Thakur, the court observed: “The door was locked form inside. It was a chamber of the enquiry officer (Thakur), where presenting officer (Tanay) & enquiry officer were present & it can never be said to be a public view. Even if any occurrence took place at that place, it may never be said to be a public view & it has been verified by the apex court. Hence, the very ingredient of offence punishable under Section 3(1)(X) of the SC/ST Act was missing”.

The court quashed the summoning for offence punishable under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, the judge made it clear that for rest of the offences, no relief was given to the petitioner.

The case was sent back to the Duddhi judicial magistrate to be tried under Sections 323 (simple hurt) & 506 (criminal intimidation) of Indian Penal Code.

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