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| Sessions Judge Kishtwar grants bail to Sarpanch booked in SC/ST Act | | | Asif Iqbal Naik
Early Times Report
Jammu, Sept 6: Principal District and Session Judge Kishtwar today granted bail Ved Parkash Shan Sarpanch from block Drabshallla in case FIR No.191/2021 of P/S Kishtwar Registered Under Section 3 of prevention of atrocities to SC/ST Act 1989 and 500, 506 IPC As per the details available with Early Times, after hearing the counsel for the applicant Advocate Shaik Saroori, it was argued that the said FIR is politically motivated and since the alledge conversation happened between the two persons does not attract the section 3 of atrocities act 1989 and also relied upon
Hitesh verma Vs State of Uttrakhand wherein it was observed by the court as the Supreme Court’s narrow interpretation of the term “within public view” in determining caste-based insults ignores the lived realities of members of Scheduled Castes and Scheduled Tribes, and defeats the purpose of the law, says KAILASH JEENGER.
Recently, in Hitesh Verma v. State of Uttarakhand, the Supreme Court reiterated its strict position on the meaning of the words “in any place within public view” of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In this case, the victim in her FIR alleged that six persons from a (so-called) upper caste had illegally entered her house and threatened her with dire consequences. Using casteist remarks, they took away construction material and said, “you are from a bad caste and that we will not let you live in this area.”
The court held that since the victim, who belongs to Scheduled Caste (SC), was abused within the four walls of her house, it does not satisfy the test of “in any place within public view”. Consequently, the court quashed the charge-sheet to that extent.
Since Sec 3 of the Atrocities to SC ST Act 1989 doesnot attract in this particular case as the alledged occurance did not happened in any public place, and moreover the basic Investigation had been carried out by the inspector which is not provided in the atrocities act, as the officer not below the rank of DYsp Can investigate the Matter which is again the lacuna in this Particular case.
Finally after hearing the counsel for tje applicant Advocate Shaik Saroori and learned Special Public Prosecutor Temoor Jahangir Khan on 4th day of September 2021 the court kept the matter for orderd and on 6th day of september 2021 the learned Court Released Ved Parkash Sarpanch from Judicial Custody.
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