Bengaluru: The Karnataka High Court has held that the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act can’t be invoked only because the victim hails from that community.
While quashing an FIR and investigation by a Special Court filed under the Atrocities Act against one Lokanath, the bench headed by Justice Srinivas Harikumar opined on Tuesday November 2 that the Act should not be misused and the investigating officer should act responsibly in such cases.
If there is an incident involving matters of caste, these sections could be invoked, the bench observed.
“Scheduled Caste and Scheduled Tribe’s (Prevention of Atrocities) Act is enacted to root out untouchability, prohibit discrimination, prevent atrocities and hate crimes against SC, ST community.
“The Act should be imposed only when there is an attack on basis of caste and charge sheet should be submitted,” the bench said.
Citing the Lokanath case, the court said based on one Sangama Priya’s complaint, the police has filed a case under the Act Section 3 (1), (G) and IPC sections 172, 173 against Lokanath.
Before filing a complaint under the Atrocities Act, the allegations should be thoroughly verified and wrong framing of charges should not happen. The misuse of the Atrocities Act also should not take place. The Investigation Officer has to behave responsibly, the bench noted.
