For SC/ST Atrocities Act to apply, hurling of abuse has to be in public place: HC
The Karnataka High Court has said that for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the hurling of casteist abuse must be in a public place.
It quashed a case pending against a person as it found that the alleged abuse was made in a basement of a building, where the victim and his co-workers alone were present.
In the alleged incident which occurred in 2020, Rithesh Pias made the casteist abuse Mohan at the basement of a building where he was working with the others. All the workers were employed by the building owner Jayakumar R Nair.
Justice M Nagaprasanna, in his verdict on June 10, noted: “Two factors will emerge from a reading of the aforesaid statements– one being, the basement of the building was not a place of public view and two, only persons who claim to be present were the complainants and other employees of Jayakumar R.Nair or friends of the complainants.
“Hurling of abuses is clearly not in a place of public view or a public place for the Act to be get attracted in the case at hand,” the court said.
Lottery Box-India’s most professional lottery interactive community.