Allahabad High Court Cracks Down on Misuse of SC/ST Act, Orders Refund and Imposes Costs

Court Directs Refund of Compensation and Imposes Penalty on Appellants for Manipulative Conduct in SC/ST Act Case

In a significant ruling by the Allahabad High Court, Justice Shekhar Kumar Yadav has dismissed a criminal appeal seeking to quash a summoning order related to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court took a stringent stand against the misuse of the Act's provisions, directing the refund of compensation received by the alleged victim and her daughters-in-law, and imposing costs on the appellants for their manipulative conduct.

The case originated from an FIR filed under the SC/ST Act, along with various sections of the Indian Penal Code, by a victim from the Scheduled Caste community. However, during court proceedings, the victim, Smt. Ram Kali, denied having filed the FIR, despite having previously made statements supporting the allegations and receiving compensation under the Act.

The Court found this change in stance deeply troubling, indicating a prima facie abuse of the legal process and misuse of the Act's provisions designed to protect genuine victims of atrocities. Justice Yadav noted that such conduct appears to be a deliberate attempt to manipulate the criminal justice system and fraudulently obtain public funds.

As a corrective measure, the Court ordered Smt. Ram Kali and her daughters-in-law to refund the total compensation amount of Rs. 4,50,000 received from the state. Additionally, a penalty of Rs. 5,00,000 was imposed on the appellants to deter future manipulative actions. The Court emphasized that this amount is to be deposited in the High Court Welfare Fund within twenty days, with coercive recovery steps to follow in case of default.

The ruling also directed that the ongoing trial proceedings in Special Sessions Trial No. 174 of 2024 should continue uninfluenced by the contradictory positions taken by the victim in the High Court. The personal attendance of law enforcement officials and the victim, who were present in court, was dispensed with following the ruling.

This judgment underscores the Court's commitment to uphold the integrity of the SC/ST Act and deter its misuse, ensuring that the legal provisions serve their intended purpose of protecting marginalized communities.

Bottom Line:

Abuse of the SC/ST Act - Conduct of the victim and witnesses in denying allegations despite earlier supporting the prosecution version and receiving compensation under the SC/ST Act constitutes prima facie abuse of the process of law. Court directs refund of compensation and imposes costs upon appellants to deter manipulative conduct.

Statutory provision(s): Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Sections 3(2)(va), 14A(1); Indian Penal Code Sections 147, 148, 149, 323, 504, 506, 452, 354(kha); Criminal Procedure Code Sections 161, 164.

Rameshwar Singh @ Rameshwar Pratap Singh v. State of U.P., (Allahabad) : Law Finder Doc Id # 2804947