20 January,2009 06:57 PM IST | | PTI
Insulting or intimidating a person belonging to the Scheduled Caste or Tribe away from public view is not an offence under Atrocities Act, Bombay High Court has ruled.
The judgment came in a case, in which one Udaysingh Pawar had asked the High Court to quash a complaint under the Atrocities Act filed against him by M D More for using abusive language.
More, a practicing advocate, had filed the complaint against Pawar even though he (More) was not present when the incident happened.
Justice S S Shinde of Aurangabad bench of the High Court noted that to attract provisions of Atrocities Act, the offence should have been committed at a place "accessible to and in the presence of public."
The judge passed the order upholding the argument made by Pawar's lawyer that the incident must occur in a public place to constitute offence under the Act. More had complained that one of his client Anand Sonawane, who had been sacked from Chalisgaon Agricultural Marketing Produce Committee for indiscipline, had gone to Pawar's house to request him to give his job back.
But, when Sonawane and his mother met Pawar, the latter used abusive language for More. More, a Dalit, then filed complaint under Atrocities Act against Pawar.
Pawar then approached Magistrate's court for getting the complaint quashed, but got no relief. Thereafter he moved High Court.
In the High Court, Pawar's lawyer argued even if it is assumed that his client abused More, the incident occurred in Pawar's own house.
Under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act insulting a member of SC or ST "within public view" is an offence, which can attract punishment, including a jail term of up to five years.
It was also pointed out that More had a tendency of filing cases under the Atrocities Act and Chalisgaon Bar Association had passed a resolution, seeking action against him.
