Skip to main content

Supreme Court bench relied on "Gujarat model" while delivering controversial SC-ST blackmail ruling of March 20

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

India failing to dictate diplomatic preferences of Nepal, Bhutan, is unfairly blaming Beijing: Chinese daily

By Our Representative
In a sharply-worded editorial, a top Chinese media outfit, described by BBC as state-run, has said, commenting on India's foreign relations with its neighbours, that "speculation and suspicion" is "certainly not diplomacy". Published in "China Daily", the largest circulating English Monday-to-Saturday newspaper with branches across the world, the editorial notes (September 20) that "several recent events" in Nepal and Bhutan, are "gnawing worrywarts in New Delhi".
The editorial -- which comes close on the heels of a sharp critique of India's foreign policy in a state-supported Russian media outfit, Sputnik International, calling India's anti-Pak diplomacy as having "gone awry" following Prime Minister Narendra Modi's "half-baked" push for anti-terror drill down "others' throat" -- says, the " worrywarts" include "Nepalese troops taking part in a joint…

Ahmedabad, GIFT, Adani city get 1.68 lakh acre ft Narmada water; Gujarat's rural areas just 4.27 AF: Letter to CM

Counterview Desk
Well-known farmer rights leader Sagar Rabari, in an open letter to Gujarat chief minister Vijay Rupani, has demanded a transparent account of Narmada water, saying, while he has received a "routine reply" from him to his earlier, the data emerging from his RTI application show huge quantity of water being directed to Ahmedabad, the 10 km stretch of Sabarmati for the Ahmedabad riverfront, and nearby elite urban areas, including the Adanis' Shantigram township and GIFT City.

Gujarat BJP MLAs, youth leader "incited" attack on North Indians: Cong releases video

Counterview Desk
Senior Gujarat Congress leader Shaktisinh Gohil, currently in charge of Bihar and national spokesperson, All-India Congress Committee, has sent a legal notice to chief minister Vijay Rupani threatening criminal case and civil defamation suit for accusing him with "baseless statement" that he was responsible for attacks on north Indians in Gujarat.

17 lakh Jharkhand elderly, widows, differently abled do not receive pension: Public hearing told, aadhaar is a hurdle

By Our Representative
Hundreds of elderly, widows, single women and differently-abled persons from different districts of Jharkhand gathered near the Raj Bhavan in Ranchi for a public hearing organized by the Jharkhand Right to Food Campaign and Pension Parishad demanding the right to universal social security pensions ahead of World Elderly Day on October 1.

Ethnocide in Caribbean island filmed following award winning docufilm on Jamaica's anti-colonial Indian roots

International awards winner for Best Feature Documentary Linda Aïnouche for “Dreadlocks Story” (2014), which shows how Indians are entangled in the Jamaican society, and how Hinduism was a source of inspiration for the Rastafari movement, is all set to release her new documentary, “Marooned in the Caribbean”, which aims at documenting the awful desolating living conditions that Raizal people, the native inhabitants of San Andres Archipelago, endure.
Sons of slaves, these islanders have fallen prey to what the Colombian government calls Colombianization. “It’s a process”, according to her, “which kills the Raizal culture; it’s the killing of the Raizal soul. Colombianization subjugates Afro-descendants of San Andres to an ethnocide.”

Explorer, director and producer, Linda Aïnouche writes exclusively for Counterview: ***
Nobody escapes from blood and thunder in Colombia, and definitely not in the archipelago of San Andres, situated closer to Managua and Kingston than Bogota. The Raizal p…

India to deport Rohingya refugees, as the world moves towards prosecuting Myanmar for genocide

By Tapan Bose*
Seven Rohingya Muslims refugees who were held at a detention centre in Assam since 2012 will be handed over to Myanmar. The Supreme Court of India has refused to stop their deportation. The new Chief Justice of India Ranjan Gagoi said, "We are not inclined to interfere on the decision taken".

An elite Kutir set up by Modi far from the "madding" crowd: This Gandhi museum is formal, unapproachable

By Rajiv Shah
Have you ever heard of a Gandhi museum, sough to be projected as the “largest” on the Mahatma, yet totally inaccessible, in sharp contrast to Ahmedabad’s humble, approachable and unassuming Gandhi Ashram on the banks of Sabarmati, set up by the Mahatma during the heydays of the freedom movement? It exists about 30 kilometres away, its idea was conceived by none other than a person who has today become even more inaccessible than he ever was: Narendra Modi, India's Prime Minister.

Accused of being RSS plant, Modi man, Hyderabad Urdu varsity chancellor asks President to probe "irregularities"

Counterview Desk
Refused entry in the Maulana Azad National Urdu University (MANUU), the central university's newly appointed chancellor Firoz Bakht Ahmed, who claims to be grand nephew of Maulana Abul Kalam Azad, has, in a letter to the President of India, said that MANUU vice-chancellor (V-C) Dr Aslam Parvaiz has accused him of being an RSS plant and a Modi man, whose sole aim is to "interfere in the working of the university".

Post-MJ Akbar resignation: #MeToo movement and fears of backlash

By Sheshu Babu*
For the last few days, #MeToo movement has picked up momentum and many women are coming out with horrific tales of severe harassment in their past lives. They are not afraid anymore to expose famous persons including those at ministerial levels. As a senior journalist Neeraja Chowdhury opined (“An exit, a beginning”, October 18, 2018, indianexpress.com), "The #MeToo revelations are like the eruption of a volcano which was imminent, given the journey working women have covered. It was not easy to make public what they had gone through,and take on powerful men.”

History less known: Kasturba's role as an independent woman and a freedom fighter in her own right

By Nandini Oza*
Even the most deserving of women do not find a place that equals their worth in history. Kasturba is one such woman whose contribution to India’s struggle for freedom has been exemplary, and yet, it has not received the recognition it deserves. Kastur Makhanji Kapadia was born in the year 1869, the same year and in the same town of Porbandar in Gujarat as Gandhiji. In fact she was older than Gandhiji by a few months.