High Court denies bail to SDO in SC/ST case

Saurabh Malik

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Chandigarh, August 25

The Punjab and Haryana High Court has made it clear that an offence under the provisions of the SC/ST Act was prima facie made out against a Sub-Divisional Officer (SDO) in a case where a WhatsApp message said sarpanches belonging to the SC/ST category were to come along with some respectable persons for a dinner hosted by an MLA at a hotel in Tarn Taran in November 2021.

“On a bare reading of the message allegedly circulated on the WhatsApp group, prima facie an offence under Section 3(1) (r) of the SC/ST Act is made out against the appellant as it is evident that it is only those sarpanches belonging to the SC/ST category, who were asked to come along with some respectable persons for the dinner. For sarpanches belonging to the general category, no such directions had been given,” Justice Manjari Nehru Kaul asserted.

The matter was placed before Justice Kaul after the officer challenged order dated August 4, whereby anticipatory bail in the FIR registered on July 26 under the provisions of the SC/ST (Prevention of Atrocities) Act, at Patti in Tarn Taran district was declined.

His counsel submitted that the appellant was innocent and falsely implicated in the case in by complainant sarpanch under a wrong impression that his services were placed under suspension at his behest. No such message was circulated by the appellant. Even if it was assumed for the sake of arguments that the message had indeed been circulated, it could not be termed offensive, much less derogatory.

Justice Kaul asserted it was prima facie evident that a distinction had been made between sarpanches belonging to the SC/ST category and the ones belonging to the general category. It was also alleged in the FIR that there was an audio recording of the appellant stating sarpanches belonging to the SC category would not be permitted to enter the hotel and be served food if they were not accompanied by some respectable persons belonging to the general category.

Dismissing the plea, Justice Kaul asserted the court, in the light of the allegations levelled in the FIR, coupled with the bar created under Section 3(1)(r) of the SC/ST Act for extending the concession of anticipatory bail to the appellant/accused, was not inclined to allow the instant appeal. Justice Kaul added anything observed would not be construed to be an expression of opinion on the merits of the case.

WhatsApp message to sarpanches

A dinner was hosted by an MLA at a hotel in Tarn Taran in November 2021. A WhatsApp message was sent to sarpanches belonging to the SC/ST category that they would not be permitted to enter the hotel and be served food if they were not accompanied by some respectable persons belonging to the general category