Skip to main content

Supreme Court bench relied on Gujarat model: Controversial SC-ST blackmail ruling

A Maharashtra rally on April 2 opposing "blackmail" order
By Rajiv Shah
Was the Supreme Court bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit guided by what many consider the "much-hyped" Gujarat model while delivering its controversial judgment of March 20, which ruled that innocent citizens were being blackmailed under provisions of the Scheduled Caste (SC) and Scheduled Tribe (ST) (Prevention of Atrocities) Act, 1989 (POA Act)?
A closer look at the Supreme Court judgment reveals that of the five High Court judgments quoted by the bench for insisting upon its blackmail argument, three were delivered by the Gujarat High Court. The other two were delivered by the Madras High Court and the Bombay High Court.
Bringing this to light, Gujarat’s well-known Dalit rights leader Martin Macwan says, what is especially strange is, the Supreme Court did not even consider the fact that only 2.33% of India’s SC population lives in Gujarat.
Suggesting that “while Gujarat has 8.5% of India’s ST population, too, the blackmail claim is particularly directed at SCs”, Macwan says, “Gujarat being quoted maximum, High Court observations for misuse of the Act seems to have become a model for the contention on the misuse of the anti-atrocities Act.”
Wondering “what about 97% of SCs and 91.5% of STs who live in the rest of India”, Macwan insists, “Gujarat does not fall in the list first five states where maximum atrocities are recorded.”
The first Gujarat High Court judgment that the apex court uses is Dr NT Desai vs State of Gujarat of 1997. The judgment says talks of a “scheming, unscrupulous complainants”, who get arrested accused “on some false allegations of having committed non-bailable offence under the Atrocity Act.”
The second Gujarat High Court judgment, quoted by the apex court, is the Dhiren Prafulbhai Shah vs State of Gujarat of 2016. Delivering the judgment, the judge observes, “In the course of my present sitting, I have come across various cases wherein the provisions of Atrocities Act are misused.”
Martin Macwan
The judge continues, “I find that various complaints are filed immediately after elections, be it Panchayat, Municipal or Corporation, alleging offence under the Atrocities Act”, leading to the conclusion, “I have no hesitation in saying that, in most of the cases, it was found that the FIR.s/complaints were filed only to settle the score with their opponents after defeat in the elections.”
It elaborates, “I have also come across various cases, wherein, private civil disputes arising out of property, monetary matters, dispute between an employee and employer, dispute between the subordinate and his superior are given penal and the complaints are being filed either under Section 190 r/w. 200 or FIRs at the police station”, adding, “The matter in hand is one another example of misuse of the Act…” 
The judge observes, “An Act enacted for laudable purpose can also become unreasonable, when it is exercised over-zealously by the enforcing authorities for extraneous reasons. It is for the authorities to guard against such misuse of power conferred on them.”
Especially taking exception to Section 18 of the POA, it says, the law “imposes a bar so far as the grant of anticipatory bail is concerned if the offence is one under the Atrocities Act”, even though, “a person is accused having committed murder, dacoity, rape, etc. can pray for anticipatory bail under Section 438 of the CrPC on the ground that he is innocent…”
The third Gujarat High Court judgment the apex court quotes is Pankaj D Suthar vs State of Gujarat of 1992, which wonders “whether any statute like the present Atrocities Act, especially enacted for the purposes of protecting weaker sections of the society hailing from SC and ST communities can be permitted to be abused by conveniently converting the same into a weapon of wrecking personal vengeance on the opponents?”
The judgment says, “The answer to this question is undoubtedly and obviously No”, adding Section 18 of the Atrocities Act quite cannot be followed “mechanically and blindly, merely guided by some general and popular prejudices based on some words and tricky accusations”.
If this happens, the judgment underlines, “Then it would be simply unwittingly and credulously playing in the hands of some scheming unscrupulous complainant in denying the justice.”

Comments

TRENDING

Academics urge Azim Premji University to drop FIR against Student Reading Circle

  By A Representative   A group of academics and civil society members has issued an open letter to the leadership of Azim Premji University expressing concern over the filing of a police complaint that led to an FIR against a student-run reading circle following a recent incident of violence on campus. The signatories state that they hold the university in high regard for its commitment to constitutional values, critical inquiry and ethical public engagement, and argue that it is precisely because of this reputation that the present development is troubling.

Nepal votes amid regional rivalry: Why New Delhi is watching closely

By Nava Thakuria*  As Nepal holds an early national election on Thursday (5 March 2026), the people of northeast India, along with other regional observers, are watching the proceedings closely. The vote was necessitated after the government of Prime Minister Khadga Prasad Sharma Oli collapsed in September 2025 following widespread anti-government protests. The election will determine the composition of the 275-member House of Representatives, originally scheduled for 2027, under the stewardship of an interim government led by former Supreme Court justice Sushila Karki.

'Policy long overdue': Coalition of 29 experts tells JP Nadda to act on SC warning label order

By A Representative   In a significant development for public health, the Supreme Court of India has directed the Food Safety and Standards Authority of India (FSSAI) to seriously consider implementing mandatory front-of-pack warning labels on pre-packaged food products. The order, passed by a bench of Justices J.B. Pardiwala and K.V. Viswanathan on February 10, 2026, comes as the Court expressed dissatisfaction with the regulatory body's progress on the issue.

Vaccination vs screening: Policy questions raised on cervical cancer strategy

By A Representative   A public policy expert has written to Union Health Minister J. P. Nadda raising a series of concerns regarding the national Human Papillomavirus (HPV) vaccination campaign launched on February 28 for 14-year-old girls.

From plagiarism to proxy exams: Galgotias and systemic failure in education

By Sandeep Pandey*   Shock is being expressed at Galgotias University being found presenting a Chinese-made robotic dog and a South Korean-made soccer-playing drone as its own creations at the recently held India AI Impact Summit 2026, a global event in New Delhi. Earlier, a UGC-listed journal had published a paper from the university titled “Corona Virus Killed by Sound Vibrations Produced by Thali or Ghanti: A Potential Hypothesis,” which became the subject of widespread ridicule. Following the robotic dog controversy coming to light, the university has withdrawn the paper. These incidents are symptoms of deeper problems afflicting the Indian education system in general. Galgotias merely bit off more than it could chew.

Development vs community: New coal politics and old conflicts in Madhya Pradesh

By Deepmala Patel*  The Singrauli region of Madhya Pradesh, often described as “India’s energy capital,” has for decades been a hub of coal mining and thermal power generation. Today, the Dhirouli coal mine project in this district has triggered widespread protests among local communities. In recent years, the project has generated intense controversy, public opposition, and significant legal and social questions. This is not merely a dispute over one mine; it raises a larger question—who pays the price for energy development? Large corporate beneficiaries or the survival of local communities?

The new anti-national certificate: If Arundhati Roy is the benchmark, count me in

By Dr. Mansee Bal Bhargava*   Dear MANIT Alumni Network Committee, “Are you anti-national?” I encountered this fascinating—some may say intimidating—question from an elderly woman I barely know, an alumna of Maulana Azad College of Technology (MACT, now Maulana Azad National Institute of Technology - MANIT), Bhopal, and apparently one of the founders of the MACT (now MANIT) Alumni Network. The authority with which she posed the question was striking. “How much anti-national are you? What have you done for the Alumni Network Committee to identify you as anti-national?” When I asked what “anti-national” meant to her and who was busy certifying me as such, the response came in counter-questions.

UAPA action against Telangana activist: Criminalising legitimate democratic activity?

By A Representative   The National Investigation Agency's Hyderabad branch has issued notices to more than ten individuals in Telangana in connection with FIR No. RC-04/2025. Those served include activists, former student leaders, civil rights advocates, poets, writers, retired schoolteachers, and local leaders associated with the Communist Party of India (CPI) and the Indian National Congress. 

Minority concerns mount: RTI reveals govt funded Delhi religious meet in December

By Syed Ali Mujtaba*  Indian Muslims have expressed deep concern over what they describe as rising hate speech and hostility against their community under the BJP-led government in India. A recent flashpoint was the event organised by Sanatan Sanstha titled “Sanatan Rashtra Shankhnad Mahotsav” in New Delhi on 13–14 December 2025.