File Affidavit That Untouchability Won't Be Practiced In Any Manner: Madras HC Directs Men Accused Under SC-ST Act
The Madras High Court granted bail to members of a “marginalized community” subject to the condition that they will not practice social discrimination based on untouchability, among other conditions.
The Special Court for cases under the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) had denied bail to appellants who were implicated in offences under the SC/ST Act. An appeal was filed before the High Court to set aside the impugned order.
A complaint was filed based on the discrimination and boycott of members of Scheduled Caste community in a village. There were three separate instances where people from the Scheduled Caste Community were refused services such as entry into a hotel, barber shop, and freezer for preserving dead bodies.
The complaint was filed for offences under Sections 153(A)(1)(a) of IPC read with Sections 3(1)(u), 3(1)(za)(D) of SC/ST Act and Section 4(1) of Protection of Civil Rights Act (PCR Act).
A Single Bench of Justice M. Nirmal Kumar observed, “Considering the submissions made and on perusal of the materials available on record, it is seen that investigation is at the penultimate stage and charge sheet to be filed shortly, this Court is inclined to grant bail to the appellants.”
Advocate R. Sathiyaraj represented the appellants, while GA C.E. Pratap appeared for the respondents.
The appellants had argued that a false case was lodged against them by the complainant who “concocted a story as though there is a division in the Village and the people belonging to the Colony are being discriminated.”
It was argued that one of the appellants had been visiting a hospital for treatment of his mental disorder since 2007. Similarly, the other appellants were ‘Dhobies’ who did the menial work of washing and ironing the clothes. All the appellants were from a “marginalized community having no marked difference in the social status.”
The Court noted that the investigation for this case was at a penultimate stage and therefore, granted bail to the appellants for a bond of Rupees five thousand each.
Accordingly, the High Court set aside the impugned order and allowed the appeal.
Cause Title: Siva & Ors. v. State & Anr.
Appearance:
Appellants: Advocate R. Sathiyaraj
Respondents: GA C.E.Pratap and Advocate M.Subash