Gujarat High Court drops Atrocities Act charge in mob violence case

Ahmedabad

The Gujarat High Court today quashed a charge under SC/ST (Prevention of Atrocities Act) in a case in which some persons were acused of hurling casteist insults at a police constable, on the ground that the act was not committed “in public view”.

The order was passed by Justice Sonia Gokani last week.

The case related to an incident at Nana Vadadala village in Mahisagar district on March 23 where a mob had clashed with policemen during the Holi celebration.

As many as 42 persons were arrested.

Constable Dineshkumar Kantibhai lodged a complaint against them under IPC section 307 (attempt to murder) and also section 3(2)(v) of Atrocities Act which is related to hurling casteist abuse in public with intention to humiliate.

The constable belongs to a Scheduled Caste. He alleged that the mob humiliated him with caste-based insults.

The accused moved the HC seeking quashing of the charge under Atrocities Act.

The court noted that a man, who was injured during the trouble, had told the police about the accused persons uttering some casteist abuse but there “does not appear to be any utterances much less in the direct public view, as required under…Atrocities Act”.

PTI