Case Note & Summary
The applicants, who are journalists and editors of a local newspaper, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. 131 of 2016 registered at Jalna Police Station for offences under Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The FIR was lodged by respondent No. 3, Narhari Shelke, alleging that the applicants published a news article on 16th April 2016 which contained insulting and humiliating remarks against the Scheduled Caste community. The applicants contended that the article merely reported a statement made by a public servant regarding a development project and did not contain any casteist remarks or intentional insult. The court examined the contents of the article and found that it did not contain any words or expressions that could be construed as insulting or humiliating to any caste. The court held that the essential ingredients of Section 3(1)(x) of the SC/ST Act, namely intentional insult or intimidation with intent to humiliate in public view, were completely absent. The court further observed that the article was a fair report of a statement made by a public servant and did not violate any provision of the Act. Consequently, the court quashed the FIR and all proceedings arising therefrom, holding that continuation of the criminal proceedings would be an abuse of the process of law.
Headnote
A) Criminal Law - Quashing of FIR - Section 482 CrPC - Abuse of Process - FIR quashed where allegations do not disclose any offence under SC/ST Act - Court held that continuation of proceedings would be an abuse of process of law (Para 8). B) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Section 3(1)(x) - Ingredients of Offence - Intentional insult or intimidation with intent to humiliate in public view is essential - Publication of news article without any casteist remarks does not attract the provision - Held that the article merely reported a statement made by a public servant and did not contain any insulting or humiliating language (Paras 6-7).
Issue of Consideration
Whether the publication of a news article reporting a statement made by a public servant, without any casteist remarks, constitutes an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Final Decision
The court allowed the criminal application and quashed FIR No.131 of 2016 registered at Jalna Police Station and all proceedings arising therefrom.
Law Points
- Ingredients of offence under Section 3(1)(x) of SC/ST Act require intentional insult or intimidation with intent to humiliate in public view
- mere publication of news article without casteist remarks does not constitute offence
- criminal proceedings can be quashed if no prima facie case is made out
