Court mandates immediate protective measures for Paharia tribal community, rebukes administration for negligence.
In a significant judgment, the Jharkhand High Court has denied anticipatory bail to appellants Safikul Shekh and others in a case involving serious allegations of caste-based atrocities against the Paharia tribal community. The judgment, pronounced by Justice Sanjay Prasad on January 28, 2026, emphasizes the urgent need for the state administration to ensure the security and welfare of the affected community.
The case, registered under Barharwa P.S. Case No.79 of 2025, pertains to incidents that unfolded on March 14, 2025, where members of the Paharia community were allegedly subjected to threats and coercion by individuals from another community. The accusations include denial of food, water, and medical aid, alongside prohibiting children from attending educational institutions. The court observed that such actions constitute a grave violation of fundamental rights and constitutional protections.
Despite the appellants not being named in the initial FIR, subsequent investigations revealed their alleged involvement in the caste-based discrimination, as corroborated by witness statements. The court found no merit in the compromise petition submitted by the appellants, noting that the informant and witnesses consistently supported the allegations throughout the investigation.
Justice Prasad criticized the district administration and police for their laxity and delay in apprehending the accused, despite the serious nature of the allegations. The court directed the Deputy Commissioner and Superintendent of Police of Sahibganj to take immediate action to safeguard the Paharia community. Additionally, it instructed the state authorities to ensure the provision of essential services such as food and water to the community.
The judgment underscores the court’s commitment to upholding the rights and dignity of marginalized communities, highlighting the responsibility of state authorities to prevent the recurrence of such incidents. The ruling also calls for the establishment of mechanisms to protect the Paharia community and ensure they are not subjected to further discrimination or coercion.
The court’s directives extend to the highest levels of the state government, including the Chief Secretary and the Director General of Police, to ensure compliance and take necessary steps for the welfare of the Paharia community.
Bottom Line:
Anticipatory bail rejected in a case involving serious allegations of caste-based atrocities, fundamental rights violation, and denial of basic necessities to the Paharia tribal community, directing the District Administration and State Authorities to ensure security and welfare of the tribal community.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 190, 191(2), 191(3), 126(2), 115(2), 118(1), 352, 351(2), 109(2); SC/ST Act, 1989 Sections 3(1)(r), 3(1)(s), 3(1)(x), 3(1)(y), 3(1)(za), 3(1)(zc).
Safikul Shekh v. State of Jharkhand, (Jharkhand) : Law Finder Doc Id # 2845425
