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

Manufacturing, services: India's low-skill, middle-skill labour remains underemployed

By Francis Kuriakose* The Indian economy was in a state of deceleration well before Covid-19 made its impact in early 2020. This can be inferred from the declining trends of four important macroeconomic variables that indicate the health of the economy in the last quarter of 2019.

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.

Incarceration of Prof Saibaba 'revives' the question: What is crime, who is criminal?

By Kunal Pant* In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor GN Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”

Food security? Gujarat govt puts more than 5 lakh ration cards in the 'silent' category

By Pankti Jog* A new statistical report uploaded by the Gujarat government on the national food security portal shows that ensuring food security for the marginalized community is still not a priority of the state. The statistical report, uploaded on December 24, highlights many weaknesses in implementing the National Food Security Act (NFSA) in state.

Why Indo-Pak relations have been on 'knife’s edge' , hostilities may remain for long

By Utkarsh Bajpai*  The past few decades have seen strides being made in all aspects of life – from sticks and stones to weaponry. The extreme case of this phenomenon has been nuclear weapons. The menace caused by nuclear weapons in the past is unforgettable. Images of Hiroshima and Nagasaki from 1945 come to mind, after the United States dropped two atomic bombs on the cities.

Lata Mangeshkar, a Dalit from Devdasi family, 'refused to sing a song' about Ambedkar

By Pramod Ranjan*  An artist is known and respected for her art. But she is equally, or even more so known and respected for her social concerns. An artist's social concerns or in other words, her worldview, give a direction and purpose to her art. History remembers only such artists whose social concerns are deep, reasoned and of durable importance. Lata Mangeshkar (28 September 1929 – 6 February 2022) was a celebrated playback singer of the Hindi film industry. She was the uncrowned queen of Indian music for over seven decades. Her popularity was unmatched. Her songs were heard and admired not only in India but also in Pakistan, Bangladesh and many other South Asian countries. In this article, we will focus on her social concerns. Lata lived for 92 long years. Music ran in her blood. Her father also belonged to the world of music. Her two sisters, Asha Bhonsle and Usha Mangeshkar, are well-known singers. Lata might have been born in Indore but the blood of a famous Devdasi family...

'Batteries now cheap enough for solar to meet India's 90% demand': Expert quotes Ember study

By A Representative   Shankar Sharma, Power & Climate Policy Analyst, has urged India’s top policymakers to reconsider the financial and ecological implications of the country’s energy transition strategy in light of recent global developments. In a letter dated April 10, 2026, addressed to the Union Ministers of Finance, Power, New & Renewable Energy, Environment, Forest & Climate Change, and the Vice Chair of NITI Aayog, with a copy to the Prime Minister, Sharma highlighted concerns over India’s ambitious plans for coal gasification and the Prototype Fast Breeder Reactor (PFBR).

Beyond Lata: How Asha Bhosle redefined the female voice with her underrated versatility

By Vidya Bhushan Rawat*  The news of iconic Asha Bhosle’s ‘untimely’ demise has shocked music lovers across the country. Asha Tai was 92 years young. Normally, people celebrate a passing at this age, but Asha Bhosle—much like another legend, Dev Anand—never made us feel she was growing old. She was perhaps the most versatile artist in Bombay cinema. Hailing from a family devoted to music, Asha’s journey to success and fame was not easy. Her elder sister, Lata Mangeshkar, had already become the voice of women in cinema, and most contemporaries like Shamshad Begum, Suraiya, and Noor Jehan had slowly faded into oblivion. Frankly, there was no second or third to Lata Mangeshkar; she became the first—and perhaps the only—choice for music directors and all those who mattered in filmmaking. Asha started her musical journey at age 10 with a Marathi film, but her first break in Hindustani cinema came with the film "Chunariya" (1948). Though she was not the first choice of ...

50 years of the Port of Spain miracle: The chase that redefined Indian cricket

By Harsh Thakor*  Fifty years ago, India turned the tide to rewrite cricket history, rising from the depths of despair to a moment of enduring glory. Queen’s Park Oval in Port of Spain, Trinidad, is celebrated among cricket grounds for its poetic beauty. For India, it became a theatre of historic triumph. In 1976, it showed the cricketing world what it was made of.