To apply SC/ST Act, abuse must be in public place, says K’taka HC: Report | Bengaluru

The Karnataka High Court has ruled that crimes will be registered under Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act only if there is caste abuse in public places, the news agency PTI reported. The High Court is hearing a pending case against a man who abused the applicant in the basement of the building where the victim and his colleagues were alone. The High Court has dismissed the case in reference to its order.

Justice M Nagaprasanna, in his ruling on June 10, said: “Two things stand out from a (statement) reading – the basement of a building was not a public viewing space. It is not clear to attract the (required) act in place or in the public … “

The alleged incident occurred in 2020, when Mohan was said to have abused Ritesh Payas’s caste.

According to the PTI, Justice Nagaprasanna has also pointed out other factors such as the controversy the accused had with the building’s owner, Jayakumar R Nair. It is reported that the accused Piyas and Nair blocked the construction of the building. In this regard, the PTI said that the owner Nair was firing at Pias on the shoulder of his employee (Mohan).

The PTI referred to the court as referring to the above contention that ‘demonstrating a clear link in the chain of events cannot be ruled out’.

The court dismissed all charges, including voluntarily injuring Piaz.

“For an offense punishable under Section 323. … Injury should be injured. However, in this case, Mohan’s injury certificate shows a simple scratch on the forearm and another scratch on the chest. The court said.

“In light of the facts quoted above, it is not entirely unreasonable to permit an applicant to pursue such proceedings and to face the rigor of a criminal trial when the basic elements of the offense are missing, leading to abuse of due process.”

With input from PTI


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