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

Telangana government urged to stop 'unconstitutional' relocation of Chenchu tribes

By A Representative   The Nallamalla forests are witnessing a renewed surge of indigenous resistance as the Chenchu adivasis, a Particularly Vulnerable Tribal Group (PVTG), have formally launched the Chenchu Solidarity Forum (CSF) on the eve of World Earth Day to combat what they describe as unlawful and forced relocation from the Amrabad Tiger Reserve. 

Kolkata dialogue flags policy and finance deficit in wetland sustainability

By A Representative   Wetlands were the focus of India–Germany climate talks in Kolkata, where experts from government, business, and civil society stressed both their ecological importance and the urgent need for stronger conservation frameworks. 

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

​ By Syed Ali Mujtaba*  ​The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

'Fraudulent': Ex-civil servants urge President to halt Odisha tribal land dispossession

By A Representative   A collective of 81 retired civil servants from the Constitutional Conduct Group has written to the President of India expressing alarm over what they describe as the wrongful dispossession of tribal lands in Odisha’s Rayagada district. The letter, dated April 19, 2026, highlights violent clashes in Kantamal village where police personnel reportedly injured over 70 tribal residents attempting to protect their community rights. 

Cracks in Gujarat model? Surat’s exodus reveals precarity behind prosperity claims

By Vidya Bhushan Rawat*   The return of migrant workers from Uttar Pradesh and Bihar, particularly from Gujarat, was inevitable. Gujarat has long been showcased as the epitome of “infrastructure” and the business-friendly Modi model. Yet, when governments become business-friendly, they require the poor to serve them—while keeping them precarious, unable to stabilize, demand fair wages, or assert their rights. The agenda is clear: workers must remain grateful for whatever crumbs the Seth ji offers.  

Dhandhuka violence: Gujarat minority group seeks judicial action, cites targeted arson

By A Representative   The Minority Coordination Committee (MCC) Gujarat has written to the Director General of Police seeking judicial action in connection with recent violence in Dhandhuka town of Ahmedabad district, alleging targeted attacks on properties belonging to members of the Muslim community following a fatal altercation between two bike riders on April 18.

Maoist activity in India: Weakening structures, 'shifts' in leadership, strategy and ideology

By Harsh Thakor*  Recent statements by government representatives have suggested that Maoism in India has been effectively eliminated, citing the weakening of central leadership and intensified security operations. These claims follow sustained counterinsurgency efforts across key regions, including central and eastern India. However, available information from security agencies and independent observers indicates that while the organizational structure of the CPI (Maoist) has been significantly disrupted, elements of the movement remain active. Reports acknowledge the continued presence of cadres in certain forested regions such as Bastar and parts of Dandakaranya, alongside smaller, decentralized units adapting their operational strategies.

Why link women’s reservation to delimitation? The unspoken political calculus

By Vikas Meshram*  April 16, 2026, is likely to be recorded as a special day in the history of Indian democracy. In a three-day special session of Parliament, the central government is set to introduce a comprehensive package of three historic bills: the Constitution (131st Amendment) Bill, 2026; the Delimitation Bill, 2026; and the Union Territories Laws (Amendment) Bill, 2026. The stated purpose of all three is the same: to implement the Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment) passed in 2023. However, the political intent concealed behind these measures — and their impact on the federal balance — is far more profound. It is absolutely essential to understand this.

The high price of unemployment: The human cost of the drug crisis in J&K

​By Raqif Makhdoomi*  ​ Jammu and Kashmir is no longer merely at risk of a drug epidemic ; it is losing the fight. The statistics are staggering, with approximately 13.5 lakh people—nearly 8% of the total population—caught in the grip of substance abuse . In the ranking of Indian Union Territories , Jammu and Kashmir now sits at a grim top. We have officially reached a point where we can no longer speak in hypotheticals about a future crisis. The vocabulary has shifted from "if" to "if not addressed immediately."