Latest news with #ScheduledTribes(PreventionofAtrocities)Act
Indian Express
4 days ago
- Politics
- Indian Express
Gujarat HC grants relief to news anchor accused in defamation, atrocities case after complaint by senior Congress leader
The Gujarat High Court on Monday granted relief to an Ahmedabad-based news anchor in a case of defamation and atrocity, filed by Congress leader Dr Tushar Chaudhary, based on the assurance of the Additional Public Prosecutor that the journalist will be served a notice of 15 days in case the investigating officer deems it appropriate to arrest her. Justice Nirzar Desai was hearing the petition by Gopi Maniar-Ghanghar, anchor of Ahmedabad-based Nirbhay News Channel, for quashing and setting aside the FIR lodged at Tapi District, based on Chaudhary's complaint under Section 356 (Defamation) of the Bharatiya Nyaya Sanhita (BNS) and various sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Chaudhary is the newly appointed Congress Legislature Party (CLP) leader in Gujarat Assembly. The court order stated, 'Public Prosecutor Hardik Dave has made a statement before this Court upon instructions received by the Nikita Shiroya (SC/ST Cell Tapi Vyara) that… the investigation is at very initial stage and therefore, it would serve the end of justice if this Court records the statement of learned Public Prosecutor that in case, during the course of investigation, if the investigating officer deems it appropriate to arrest the present applicant, she will be given a clear notice of fifteen days and upon receipt of the notice…' The court further said, 'The applicant would be at liberty to avail appropriate remedy so as to take remedial measure to seek relief against her proposed arrest. Such a period would start from the date of receipt of the notice by the present applicant.' Chaudhary's complaint is also against Jagdish Mehta, group editor of Rajkot-based Headlines News channel. Chaudhary has alleged that the journalists had defamed him and his deceased father, former Gujarat Chief Minister Amarsinh Chaudhary. In the FIR, the Congress MLA from Khedbrahma has alleged that in a show aired on July 22 on Nirbhay News, Ghanghar made an objectionable statement against him. He said Mehta consented to the statements, which were 'defamatory for him and the entire tribal community'. Ghanghar's advocate Utkarsh Dave said, '…Ghanghar… was the interviewer, who does not have control over what the other person is going to say… We will proceed with legal remedy in case the notice for arrest is issued.'
News18
27-07-2025
- Politics
- News18
Complainant's SC/ST Status Alone Cannot Trigger Atrocities Act, Says Supreme Court
The SC has reiterated that the offence must be committed specifically on grounds of the victim's caste or tribal identity for the Act to apply The Supreme Court (SC) recently held that the mere fact of a complainant belonging to a Scheduled Caste (SC) or Scheduled Tribe (ST) community is not sufficient to attract the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court has reiterated that the offence must be committed specifically on grounds of the victim's caste or tribal identity for the Act to apply. The judgment was delivered on July 22, by a bench comprising Justices B.R. Gavai and Sandeep Mehta. The SC was hearing a petition challenging the initiation of criminal proceedings under Section 3(1)(r) of the SC/ST Act, along with sections 294, 323 and 506 of the Indian Penal Code (IPC), arising from a domestic dispute between a man and his estranged wife. The appellant had approached the SC seeking quashing of the proceedings, arguing that there was no caste-based element to the dispute and that the SC/ST Act had been wrongly invoked. The Madhya Pradesh High Court had earlier declined to interfere with the criminal proceedings. Setting aside the High Court's order, the Supreme Court clarified that for an offence to fall within the purview of Section 3(1)(r) of the SC/ST Act, there must be a specific intention to insult or intimidate a person belonging to the SC or ST communities, and such conduct must occur in a place within public view. More importantly, the insult or intimidation must be 'on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe". The bench observed that the statute cannot be invoked solely because the complainant is a member of a protected community. The underlying motivation behind the alleged act must be to target the individual due to their caste identity. In the absence of such intent, the invocation of the SC/ST Act would not be legally sustainable. In the present case, the Court found that the allegations arose out of a matrimonial discord and that there was no specific averment or material to show that the alleged abuse or insult was targeted at the complainant because of her caste. The complaint lacked any assertion that the alleged acts were committed with caste-based malice or occurred in public view with the intention of humiliating the complainant on account of her caste. The Court relied on its earlier decision in Hitesh Verma v. State of Uttarakhand (2020), where it had similarly held that disputes of a purely private nature, such as property or domestic issues, do not attract the provisions of the SC/ST Act unless there is a clear indication of caste-based animus. In that case, the Court had cautioned against the misuse of the protective statute and emphasised that its application must be based on objective facts that demonstrate the commission of an offence specifically aimed at humiliating or oppressing a person due to their SC/ST status. Reiterating this position, the Court held that allowing the proceedings to continue under the SC/ST Act in the absence of necessary legal ingredients would be a misuse of process and would dilute the purpose of the statute. The judgment underscores the principle that special legislation enacted to protect marginalised communities must be applied with precision and not be extended to situations where its core requirements are not met. The Supreme Court proceeded to quash the proceedings under the SC/ST Act while leaving the charges under the Indian Penal Code to be decided on merits before the trial court. The decision reiterates the judiciary's approach to ensuring that while the rights of historically oppressed communities must be safeguarded, the criminal law must not be weaponised in situations where the essential statutory conditions are absent. This court has sifted cases where allegations under the SC/ST Act are made without establishing a direct link to caste-based motivation. view comments Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
Time of India
26-07-2025
- Time of India
Youth beaten, stripped, filmed over cow theft suspicion
Buldhana: A 21-year-old man was allegedly abducted, beaten and stripped by three men in Khamgaon town of Buldhana district on Wednesday night over suspicion of cow theft. The incident occurred around 11.30pm on July 23 near the Khamgaon bus stand where the victim, identified as Rohan Santosh Paithankar from a scheduled caste, was speaking with auto drivers, said police adding that suddenly, three youths arrived on a motorcycle, called his name derogatorily and forcibly took him to the Congress Bhavan ground. According to police sources, the accused, Gabbuu Gujriwal, Prashant Gopalu Sangle and Rohit Pagariya, allegedly asked Rohan about his caste and religion, thrashed him, stripped him naked near cows, and filmed the incident on a mobile phone. He was then taken to another location near Dande Swami Temple where the assault continued. Rohan suffered serious injuries, including a damaged eye, fractured nasal bone, and deep facial wounds. He is currently under medical care. Hearing a police siren from a nearby patrolling van, the accused tried to flee. The Shivajinagar police nabbed two accused on the spot, while Rohit Pagariya managed to escape. A manhunt is underway to locate him. An FIR has been filed at the Shivajinagar police Station under Section 118(2), Section 115(2), Section 138, Section 3(5) of the Bharatiya Nyaya Sanhita (BNS) 2023, and Section 3(2)(v), Section 3(1)(e) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Sub-divisional police officer (SDPO) Pradeep Patil of Khamgaon said, "A case has been registered based on the victim's complaint. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Woman sells ring given by ex, then jeweler tells her 'This can't be true' Daily Sport X Undo One of the accused is still absconding, and efforts are on to arrest him at the earliest." Several organizations have condemned the assault as a "hate crime" and demanded that MCOCA be invoked and bulldozer action taken against the accused. Deepak Kedar, national president of All India Panther Sena, visited Rohan. "If strict action is not taken, a statewide agitation will be launched."
Indian Express
26-07-2025
- Politics
- Indian Express
Gujarat Congress leader files complaint against news channel editor, anchor for defamation
Former Union Minister and newly appointed Congress Legislature Party (CLP) leader in the Gujarat Assembly, Dr Tushar Chaudhary, has lodged a complaint of defamation and under Atrocity Act against the editor of a news channel and an anchor of another on Friday evening. Chaudhary has alleged that the journalists had defamed him and his father, former Chief Minister of Gujarat, the late Amarsinh Chaudhary. The complaint against Jagdish Mehta, group editor of Rajkot-based Headlines News channel, and Gopi Ghanghar, anchor of Ahmedabad-based Nirbhay News channel, was registered in Tapi district. The complaint was registered under Section 356 (Defamation) of the Bharatiya Nyaya Sanhita (BNS) and various sections of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the FIR, the Congress MLA from Khedbrahma has alleged that in a show aired on July 22 on Nirbhay News, Ghanghar made an objectionable statement against him. He said Mehta consented to the statements, which were 'defamatory for him and the entire tribal community'. He said in the FIR, 'A live news debate video came to my personal assistant's mobile phone on July 22' where the statements were made. Talking to The Indian Express, Chaudhary said, 'My father and I got elected from the ST reserved seat, and we are also leaders of the tribal community. Both the accused had uttered statements defaming me, my father and my entire community, and we will not let this go.' Speaking to The Indian Express, Ghanghar said, 'Chaudhary has lodged a complaint against me and Mehta, and we are also looking into ways to respond to it legally. Till now, I have not received any call from Tapi police.' Deputy Superintendent of Police, SC/ST cell, Tapi district, Nikita Shiroya said, 'We have registered an offence against both the accused. We will first gather the original video footage of the debate so that we can determine the topic of discussion, the statements made, and the context in which they were made. Currently, we are at the stage of collecting evidence, and if necessary, we will again contact the complainant and take his statement. We are also looking for both the accused and will see what they have to say.'
The Hindu
14-07-2025
- The Hindu
Grama panchayat member, mother found dead in Vakkom in Kerala
In a suspected case of suicide, a grama panchayat member and his mother were found dead in Vakkom on Monday (July 14, 2025). According to the Kadakkavoor police, the deceased were identified as Arun V., 42, a member of the Vakkom grama panchayat who hailed from Nilakkamukku, and his mother Valsala, 71. The duo were found hanging in a shed behind their house. Arun, a Congress worker, purportedly left a note accusing four persons of falsely implicating him in a case under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. He had sent the note on WhatsApp to some of his friends. He claimed that this prevented him from obtaining a passport for an overseas job opportunity. Some of the friends who received the note rushed to the scene and discovered the bodies. Arun had reportedly dropped his wife and child at her house a day ago. The police have instituted a probe into the incident. (Suicide prevention helpline: 1056, 0471-2552056)
