Misuse of scheduled castes and tribes (prevention of atrocities) act
Snehasish Rout
(Querist) 30 November 2012
This query is : Resolved
Recently, a case has been registered against one of my friend under the SC & ST (Prevention) Act for assaulting one person belonging to Schedule caste.
Actually, the complainant, son of a DSP has come to the lodging of my friend and started abusing the hotel owner and the staff as no room were available. When the Lodge owner went to the PS, they refused accept the FIR against the abuser saying that they cant do so as the later happens to be the son of a DSP. Then, the person went to the Police station and filed a FIR against the accused under the act that he has been referred as some community and been physically assaulted, which was not true.
Now, what are the remedies (if any) available for my friend? Not only he was subjected to verbal abuse, but also facing arrest under the act. Please guide.
ajay sethi
(Expert) 30 November 2012
pre-arrest bail could be denied if the court came to a conclusion that the a prima facie case was made out against the accused as per the FIR.
"Section 18 of the SC/ST Act creates a bar in invoking Section 438 (for anticipatory bail) of the CrPC. However, a duty is cast on the court to verify the averments in the complaint and to find out whether an offence under Section 3(1) of the Act has been prima facie made out
If there is a specific averment in the complaint, namely insult or intimidation with intent to humiliate by calling the caste name, the accused persons are not entitled to anticipatory bail."
Snehasish Rout
(Querist) 30 November 2012
I know that Sethiji. But, is there any remedy available for an innocent person or he will suffer because he is not the son a police official?
ajay sethi
(Expert) 30 November 2012
you have to prove that false case has been made out . you have to mention the fact that complainant came and abused hotel owner and staff as no rooms were available . the police refused to register your complaint and in retaliation present complaint has been filed
Snehasish Rout
(Querist) 30 November 2012
Do you mean he will have to be in police custody till his innocence is proved?
Devajyoti Barman
(Expert) 30 November 2012
It is better to make surrender first and then apply for bail.
If the falsity of the case is highlighted then the custody should not be for many days.
Another option is to wait till submission of charge sheet in which case the court remains always liberal to grant bail.
Snehasish Rout
(Querist) 30 November 2012
But Barman sir I heard that court does not grant bail for this act. How far that is true?
Sudhir Kumar, Advocate
(Expert) 30 November 2012
I fear that even the said lodge may be liable to be sealed alleging this to be property used for atrocity.
V R SHROFF
(Expert) 30 November 2012
SP INVESTIGATING pOLICE oFFICER, NO BAIL, aTROCITY ACT : VERY DANGEROUS
Raj Kumar Makkad
(Expert) 01 December 2012
I have similar opinion as expressed by experts.
Snehasish Rout
(Querist) 01 December 2012
Unfortunately here no one is coming forward to help an innocent person. The things mentioned like very dangerous, non bailable etc are known to every one. I made a request to guide regarding if any remedy is there if someone misuses an act and tries to put an innocent person in problem. Here, in this case, a person verbally abusing someone because rooms are not available (many of us do that in anger), threatens people that he will create problem as his father is a police official (lot of people do that being son of powerful persons), but filling a case after that under a certain act & taking advantage of the act which was made to protect people is not acceptable. But, no one has any remedy.
Guest
(Expert) 01 December 2012
Remedy lies only with the Parliament, if that considers the amendment of the Act. Otherwise, once the FIR is lodged, innocense has to be proved first. Thereafter, if the innocense of your friend is proved and he is exonerated of the charge, he can file another case against the abuser of the law and seek conviction of the person for misuse of the provisions of the Act and also claim damages, if he likes.
Sudhir Kumar, Advocate
(Expert) 01 December 2012
I know that under these circumstances the victim could have filed against against the DSP from criminal action under Prevention of Corruption Act as his official position has been misused. But unable to advise so as the complaint in question has been filed on which onus of proof is on accused.
you friend must be having some evidence :-
(i) the assailant came to his lodge.
(ii)all rooms were booked.
(iii)he made noise
(iv) he may have intimidated some employees or may have disturbed some guests.
(v) he threatened official position of his father in front of lodge employees
(vi) your friend might have dialed 100.
If this evidence is not there then the miscreant may even allege having denied room because of caste factor.
V R SHROFF
(Expert) 01 December 2012
Sudhir suggested / hinted that may help ur frd. .
Usually all Lodging houses have compulsory cctv , and it's recordings / footage can prove facts. It is to prevent prostitution and illegal trafficking.
Raut, Problem here is, it is like 498A,
First arrest, then bail & proof. Person, whether guilty or innocent is bound to suffer.
as rightly mentioners, Parliament to be blames, as we are helpless.
If we can help, I shouldn't haver said it is dangerous.
As no help can be provided, we said so.
As such your friend is a hotelier,,and have means and ways..
Reason must be different.. that cannot be discloses on pubic platform, and Lodge is a place, lots going on thee, and to carry on illegal activity, if police is not oiled, they may take all possible methods, without disclosing the real dispute.
Hotel/ Lodge business and all clear/ all legal?? Impossible!!
So there must be something more.
Was caste written on his forehead that his friend know about?? He cannot claim that.
Police wants room/ on duty/ free of cost, to enjoy!! if not provided this time, for any reason whatsoever, he probably did it.
Police and hoteliers are always hand in glove..
Mr Raut, r u aware of all such activities of your friend?? Or he is clean white honest legal hotelier?? & need our help??
Hoteliers and lodgewallas are INNOCENT PERSONS : Can they remain in business??
IMPOSSIBLE . NO PRUDENT PERSON CAN ACCEPT YOUR STATEMENT.
tHERE HAS TO BE SOMETHING , UR FRIEND IS HIDING THE REAL FACT..
