38.6c New Delhi, India, Friday, October 31, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

No prima facie case under SC/ST Act, if caste slur not made in public view: SC [Read Order]

By Harshvardhan Sharma      27 March, 2025 11:29 AM      0 Comments
No prima facie case under SC/ST Act if caste slur not made in public view SC

NEW DELHI: The Supreme Court has said that the essential ingredients of the offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 would not prima facie be made out, when there is no allegation that a caste slur or an offending statement was made in the presence of members of the general public.

A bench of Justices P S Narasimha and Manoj Misra allowed anticipatory bail to Deepak Kumar Tala, who challenged the order of November 18, 2024 by the High Court.

SC Grants Anticipatory Bail, Cites Lack of Public View in Caste Slur Allegation

The HC had dismissed his plea against rejection of his application for anticipatory bail by trial court order on August 24, 2024.    

The FIR was lodged at police station G D Nellore UPS on April 18, 2024 under Sections 364, 511, 307, 343, 419, 506, 120B, and 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.  

As per the FIR, the complainant belonged to a Scheduled Caste. The appellant set up a Trust for development of a temple along with the complainant and others, but forced him to transfer certain lands. Upon refusal, the appellant threatened to kill him, abused him by a caste slur, and asked him to stop reciting prayers.

Also Read - Essential for abuse to be in public view for making out offence under SC/ST Act: SC [Read Judgment]

On April 18, 2024, the complainant was abducted by various persons and taken to different locations where he was kept locked up for several days.

On April 29, 2024, some accused persons took him to a petrol station and threatened him to transfer the temple’s lands in the appellant’s name or that they would kill him. Upon refusing, they beat the complainant with their hands and threatened him with small knives, which led him to agree to transfer the lands out of fear. Meanwhile, the complainant was rescued by the police and four accused persons were arrested.    

Court Says Essential Ingredients of SC/ST Act Not Prima Facie Met

However, on a prima facie examination of the FIR, the bench said, it is very clear that there is only one alleged instance of an insult or caste slur but there is no allegation that such offending statement was made in the presence of members of the general public.

"Hence, an essential ingredient for attracting Sections 2(1)(r) and 2(1)(s) of the SC/ST Act, i.e., that such statement must be made within “public view”, as held by this court in Shajan Skaria Vs State of Kerala (2024) is prima facie not made out from the FIR," the bench said.

The bench also noted that the allegations regarding the appellant’s involvement in the alleged conspiracy for the complainant’s abduction and criminal intimidation are only inferential in nature, which can be established during trial.

The court said the relationship between the parties, as evident from the FIR itself is that the appellant and the complainant were associated for a long time (since 2012) with the temple’s activities, for which a Trust was formed that named both of them as trustees.

Also Read -  SC quashes bail order, mandates victim’s participation in criminal proceedings in rape offences and SC/ST cases [Read Order]

It was only in 2017 that certain disputes arose between them and multiple civil suits regarding the temple’s properties and funds were instituted by the appellant.

"In light of this overall perspective and considering the allegations in the FIR, our prima facie conclusion is that the appellant is entitled to anticipatory bail as per the principles laid down by this court in Prathvi Raj Chauhan Vs Union of India (2020) and Shajan Skaria," the bench said.

The court, however, clarified that it has not expressed any opinion on the merits of the matter and that the observations made in the order will have no bearing on the conduct of the trial or on the final decision in the criminal proceedings.

 

[Read Order] 
 



Share this article:

About:

Advocate Harshvardhan Sharma, founder and Editor-in-Chief of LawStreet Journal, is an award-winning ...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations Another CBI Officer Investigating Rakesh Asthana Moves SC Against Transfer, Makes Startling Revelations

After A.K. Bassi, another CBI officer who was investigating corruption allegations against Special Director Rakesh Asthana moved the Supreme Court.

Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land Ayodhya verdict: SC rules in favour of Ram Lalla, Sunni Waqf Board gets alternate land

SC bench led by CJI Ranjan Gogoi has allotted the dispute site to Ram Janmabhoomi Nyas, while directing the government to allot an alternate 5 acre land within Ayodhya to Sunni Waqf Board to build a mosque.

Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi Supreme Court: Money Spent On Judiciary Less Than 1% In All States Except Delhi

The court guided all states to document their response to the commission's report within four weeks. If any of the states fail to file a response, it will be presumed that they have no objections to the recommendations made by the commission, the court said.

Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts Supreme Court Top Panel Names Chief Justices for Bombay, Orissa and Meghalaya High Courts

On April 18, 2020, the Supreme Court Collegium recommended new Chief Justices for three High Courts. Justice Dipankar Datta was proposed as Chief Justice of the Bombay High Court, succeeding Justice B.P. Dharmadhikari. Justice Biswanath Somadder was nominated as Chief Justice of Meghalaya High Court, while Justice Mohammad Rafiq was recommended for transfer as Chief Justice of Orissa High Court.

TRENDING NEWS

sc-hints-at-pan-india-guidelines-on-timeline-to-frame-charges
Trending Judiciary
SC hints at pan-India guidelines on timeline to frame charges

SC mulls pan-India guidelines to curb delays in framing charges; notes cases where charges aren’t framed even after years despite BNSS mandate of 60 days.

30 October, 2025 12:22 PM
limitation-for-continuous-breach-runs-only-till-contract-expiry-kerala-hc-clarifies
Trending Judiciary
Limitation for Continuous Breach Runs Only Till Contract Expiry: Kerala High Court Clarifies [Read Judgment]

Kerala HC clarifies that for continuous breach of contract, limitation under Article 55 starts when breach ceases; once contract ends, breach cannot continue.

30 October, 2025 01:37 PM

TOP STORIES

sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM
ngt-orders-probe-into-illegal-tree-felling-in-delhis-civil-lines-directs-action-within-three-months
Trending Environment
NGT Orders Probe into Illegal Tree Felling in Delhi’s Civil Lines, Directs Action Within Three Months [Read Order]

NGT directs Tree Officer to probe illegal tree felling in Delhi’s Civil Lines and take action under the Delhi Preservation of Trees Act, 1994.

25 October, 2025 11:28 AM
gauhati-hc-quashes-fir-against-cnn-news18-anchor-akansha-swarup-over-kamakhya-temple-remarks
Trending CelebStreet
Gauhati HC Quashes FIR Against CNN-News18 Anchor Akansha Swarup Over Kamakhya Temple Remarks [Read Order]

Gauhati HC quashes FIR against CNN-News18 anchor Akansha Swarup, ruling her Kamakhya Temple remarks were careless but lacked malicious intent.

25 October, 2025 11:43 AM
delhi-hc-upholds-divorce-on-cruelty-grounds-denies-alimony-to-financially-independent-wife
Trending Judiciary
Delhi HC Upholds Divorce On Cruelty Grounds, Denies Alimony To Financially Independent Wife [Read Judgment]

Delhi HC upholds divorce on cruelty grounds, denies alimony to IRTS officer wife, ruling that alimony is for need-based justice, not enrichment.

25 October, 2025 12:10 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email