No mention of caste, no crime under SC-ST Act, Supreme Court's historic verdict | News India

Supreme Court on SC-ST Act: The Supreme Court gave an important verdict on Friday. While giving this verdict, the country's top court said that insulting any person of SC-ST community without mentioning his caste will not be considered a crime under the strict provision of SC-ST Act, 1989. A bench of Justice JB Pardiwala and Justice Manoj Mishra gave the decision to grant anticipatory bail to Sajan Skaria, editor of an online Malayalam news channel.

Trial court and Kerala High Court refused to grant anticipatory bail

Let us tell you that a case was registered against Scaria under the SC-ST Act. He is accused of being a 'mafia don' by CPM MLA Srinijan, who belongs to the SC community. The trial court and the Kerala High Court had refused to grant him anticipatory bail.

The court accepted the arguments of senior advocates Siddharth Luthra and Gaurav Agarwal appearing on behalf of the editor. The Supreme Court said that deliberate insult or threat to any member of the SC-ST community is not caste-based insult.

The Supreme Court further said that prima facie in our opinion there is nothing to show that Scaria has promoted feelings of enmity, hatred or ill-will against members of the Scheduled Castes or Scheduled Tribes by circulating the video on YouTube. The video has nothing to do with SC or ST members in general, his target was only Srinijan.

The division bench further said that the intention to insult has to be understood in the broader context in which the concept of insult of a laughing stock has been interpreted by various scholars. The division bench further said that it is not a general insult or threat which is sought to be made punishable under the 1989 provision.

Offence of Defamation under Section 500 of IPC

Referring to the 'mafia don' reference, the bench said, “Given the nature of the reprehensible conduct and the derogatory statements made, Scaria can be said to have committed the offence of defamation punishable under Section 500 of the IPC. If that is so, the prosecutor can proceed against the appellant accordingly.”