Madras High Court grants bail to 3 accused under SC ST Act on anti-untouchability pledge [Read Judgment]

MADRAS: The Madras High Court recently granted bail to three accused arrested under the under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, after noting their assurance to file affidavits pledging allegiance to the Constitution stating that they would not practice social discrimination or untouchability.

The affidavit reads as below:

I, as a Citizen of India, having utmost faith in the Constitution of India, am quite aware that 'Untouchability' has been abolished under our Constitution. I, hereby, take pledge that knowingly or unknowingly, I will not practice social discrimination based on untouchability either by words or deeds or in any other manner. I am aware that it is my duty to serve in a true, honest and faithful manner, as per the basic principles laid down under the Constitution, to create an independent Society, without any discrimination. I solemnly affirm that this would stand to speak forever the faith I have in the Indian Constitution.

Before Justice N Nirmal Kumar, the counsel for the appellants argued that the first and second appellants are Dhobies and they do menial work of washing and ironing the clothes. They are minorities in the village and they have no reason to exhibit their dominance. Further, the court was told that the third appellant belongs to Most Backward Community. All the appellants hail from marginalized community having no marked difference in the social status. He further submitted that all the appellants have got no bad antecedents. They were living in the village in harmony. 

In addition, the court was apprised that the accused would file an affidavit expressing solidarity before the concerned Court as soon as they are released on bail within fifteen days from the date of release. They would affirm that no discrimination would be patronized or followed by them in any manner. 

 During the hearing, the Deputy Superintendent of Police, Thanipadi Sub Division, Mr S Murugan, told the Bench that A2 had been visiting the hospital and taking treatment from the year 2007. It is also seen that there are 14 witnesses examined and statements recorded. The Community Certificate of the appellants as well as the de-facto complainant and other witnesses have been obtained. The medical records have been collected, investigation is at the penultimate stage and the charge sheet is to be filed shortly, the Bench was informed. 

Owing to these reasons, the Bench granted bail to the accused while imposing certain conditions. 

.the appellants shall appear before the first respondent Police on every Monday till the filing of charge sheet. After executing all the sureties within 15 days from coming out of prison, the appellants shall file affidavit before the concerned Court., the court directed, among other conditions. 

[Read Judgment]