HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Harsh Beniwal; Swarn Rekha River Revival Project; Sabarimala Pilgrimage; and more
A quick legal roundup to cover important stories from all High Courts this week.
SC & ST Act
‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case
In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.
Rajasthan High Court quashes FIR under SC/ST Act against actress Shilpa Shetty for use of word “Bhangi” in 2013 Interview
“One cannot lose sight of the reality that celebrities and public figures invariably tend to speak in a casual tone during interviews, and it is thus essential to consider the broader context rather than isolating specific words.”
‘Bhangi, Neech, Bhikhari, Mangani are not caste-based slurs’; Rajasthan High Court set asides charges under SC/ST Act
“The words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments.”
‘Cases of this nature where provisions are grossly misused, genuine complaints goes into oblivion’; Jharkhand HC quashes criminal proceedings against man accused under SC/ST Act
In the present case, the petitioner has helped one lady against the allegation of incumbent sitting Chief Minister, which clearly suggests that maliciously the case was registered against the petitioner and the investigation was also made with pre-occupied mind.
Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
Supreme Court grants interim protection to News Anchor Sudhir Chaudhary in Jharkhand FIR over Anti-Tribal remarks
The Jharkhand High Court had earlier refused to stay proceedings against Sudhir Chaudhary.
‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim
“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”
Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC
Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.
WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act
A person should behave with a sense of responsibility while communicating something to others and cannot justify the same through limited circulation.
“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC
The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
Special Courts under SC/ST Act can order lodging of FIR and pre-trial proceedings, under Section 156(3) of CrPC: Allahabad High Court reiterates
Allahabad High Court saidthat in absence of any specific exclusion, Exclusive Special Courts/Special Courts under SC/ST Act, 1989 may exercise powers to order FIR and investigation as per provisions of Cr PC to achieve object of the Act and ensure speedy justice.
Kerala High Court | Courts should carefully analyse cases while dealing with pre-arrest bail pleas under SC/ST Act
It is shocking, rather a mind-blowing fact that many innocent persons are victims of false implication under the SC/ST Act
Allahabad High Court sets free rape convict languishing in jail from past 21 years; Showed anguish on authorities for notconsidering him for remission
Allahabad High Court: In an appeal against the judgment passed by Special Judge convicting the accused under Section 376 of
“Death was not pre-meditated”; Allahabad High Court modifies conviction under Section 302 IPC into Section 304 IPC
Allahabad high Court: In an appeal filed against the judgment and order passed by Sessions Judge, convicting and sentencing the
Allahabad High Court points out trend of compromise after receiving the compensation from the State; Suggests disbursement only after conviction
Allahabad High Court: Dinesh Kumar Singh, J. in the present case took opportunity to point out a trend that in large number
SC-ST Act is prospective or retrospective? Kar HC quashes criminal proceedings for offences committed in the year 1975
Karnataka High Court: Krishna S Dixit J. quashes the criminal proceedings as the SC-ST act is not retrospective in nature. The petitioners
Explained| Can proceeding under SC/ST Act be quashed on the basis of compromise between accused and victim?
The Courts ought to be 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. If the Courts find even a hint of compulsion or force, no relief can be given to the accused party.