Gujarat HC quashes FIR against BJP leader in SC/ST (Atrocities) Act; Expresses pain over misuse
July 21, 2023
Ahmedabad: The Gujarat High Court expressed concern about the misuse of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (SC/ST Act) while dismissing a case against a BJP leader who is President of Chotila Nagarpalika. The case was filed by another BJP leader.
The Court highlighted that while the Act is designed to protect members of SC/ST communities, it should not be misused.
Justice Sandeep Bhatt during the hearing stated that “with great pain, it is noted that many a time, the provisions of the SC-ST Act are being misused, sometimes by the complainant and/or some time by the concerned authorities.”
The BJP leader, Jivanbhai Nagjibhai Makwana, who was the petitioner before the Court, faced charges under the SC/ST Act and Section 506 (criminal intimidation) of the Indian Penal Code (IPC). He was booked after a complaint by another BJP leader who alleged that the petitioner verbally abused and insulted him based on his caste as a scheduled tribe member.
The case involved a politically motivated complaint against the BJP leader, which the Court found lacked concrete evidence. The judgment emphasized that such misuse could harm social harmony and affect individuals who do not belong to SC/ST communities. Ultimately, the Court quashed the criminal case due to doubts about its genuineness and the absence of casteist intent. DeshGujarat
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