'SC/ST Act misused for personal vendetta ': Allahabad HC quashes criminal proceedings against Dehradun couple

The Allahabad High Court has quashed criminal proceedings against a couple who were accused of making casteist remarks against a Uttar Pradesh Revenue Department official, a lekhpal, during the demarcation of land purchased by them in the Saharanpur district. The single-judge bench led by Justice Prashant Kumar highlighted that the act was misused for personal vendetta.

The couple identified as Alka Sethi and her husband Dhruv Sethi, alleged that the “local land mafia”, in collusion with revenue and police officials, was attempting to grab their land and harass them. They (couple) further contended that the case against them was fabricated to pre-empt any legal action they might take against the complicit revenue officials, including the lekhpal, involved in illegal activities with the “land mafia”.

The case against the couple was filed on various charges, including violations of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, they vehemently denied using any casteist remarks against the lekhpal and claimed they were unaware of his caste.

In 2022, the couple had lodged two criminal cases over their alleged harassment.

Justice Prashant Kumar said in the order, “In view of the judgments laid down by the Hon’ble Supreme Court unless and until it is proved that the applicants are aware of the Caste of the victim, there is no occasion for him to make such a comment, or even if made, it would be unintentional, and hence the same would not fall under the offence under 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.”

“This court will be failing in its duty if such activities are allowed to take place in the state of U.P. by none other than the government servant. Here the connivance of land mafias, the Revenue Officers and the then S.H.O., seems to be playing a major role, wherein a couple has wrongly been implicated in the criminal proceedings and they have been forced to run from pillar to post. The conduct and connivance of the revenue officials, police personnel and the land mafias are also to be investigated. I would request the Director General of Police to get the matter investigated by the concerned Senior Superintendent of Police. The investigation may be completed preferably within 4 months from today,” the court added.

The court further observed, “Undoubtedly it is a clear misuse and abuse of process of law there is not even a single iota of evidence to show that the applicants are aware of the caste of the opposite party… it is hard to believe that the applicants had used caste related words against the opposite party.”