The Kerala High Court has made an important remarks about the SC/ST Act. The High Court said that the complaints made in the police do not get the expected results or when the cases are failed between the parties or the cases are pending, the accusation under the SC/ST Act gives a strong indication that such allegations are false Can be. Such cases should be canceled without hesitation.
Hearing the case, Kerala High Court Judge A.K. Badruddin warned that the role of agencies and courts in investigating false allegations to prevent misuse of SC/ST Act is very important. However, the court also said that SC/ST is to be saved from exploitation and strict action should be taken against the accused in real matters.
According to the report of Live Law, the court said that SC/ST Act While registering a crime, the investigating officers should put their minds to avoid false trapping to innocent victims in serious crimes, so that the innocent person can be saved from being trapped in a false case. The court then quashed all the processing in the case filed against the petitioner.
In fact, the petitioner who belongs to the non-SC/ST community is accused of publicly insulted and threatened the complainant who belongs to the Scheduled Castes. Another woman who came with the petitioner has also been included as another accused. In this case, a case was filed against both of them in the SC/ST Act in 2015.
After investigating the case, the police said in its final report that the allegations were false. Therefore the matter should be closed. After this, the complainant gave a complaint to the DGP and further inquiry was ordered. After further investigation, the final report was filed, making the petitioner the sole accused. Unhappy with this, the petitioner has approached the High Court.
The petitioner’s counsel told the court that without proper investigation in the absence of the petitioner Final report Has been introduced. There is no new witness and evidence in it. The lawyer said that the case filed against the petitioner and the woman is completely based on lies. The court found that the complainant filed a case of SC/ST Act on the petitioner, as he had failed to get back 6 lakh rupees given to the petitioner.
The court said, “The provisions of the SC/ST Act are currently being misused by the litigants to have bad or evil thoughts or being malicious. In the SC/ST Act, it is sad to implicate the poor person in a false manner, arrest them, take into custody and threaten to punish hard or force the complainant to pay attention to illegal and irrational demands. ”
Thus the court warned that the misuse of the provisions of the SC/ST Act should be noted. The court also said that investigating officers should use their discretion before registering cases under the SC/ST Act, so that innocent persons can be saved from trapping in false cases. The court then quashed the case and action filed against the petitioner.
