Calcutta HC Declines To Quash Case Against Man Who Allegedly Insulted Son-In-Law's Tribe, Said "Tum Log Chhota Jaat Hai"
The Calcutta High Court has declined to quash a case initiated under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, (SC/ST Act) against a man who allegedly insulted his son-in-law using casteist slurs in his locality when the complainant had gone to bring his wife back from her maternal home.It was alleged that the accused said: “tum jaisa nich jat ke sath...
The Calcutta High Court has declined to quash a case initiated under the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, (SC/ST Act) against a man who allegedly insulted his son-in-law using casteist slurs in his locality when the complainant had gone to bring his wife back from her maternal home.
It was alleged that the accused said: “tum jaisa nich jat ke sath meri beti nehi jayegi...Bhumij log nich aur chhuddar hota hai," (my daughter will not go with a lower caste like you) in the confines of his home, while he physically assaulted the petitioner and said “tum log chhotta jat hai” (you people are lower caste) outside in his locality.
A single bench of Justice Ajoy Kumar Mukherjee declined to quash the case upon noting that the power to quash criminal cases must be exercised sparingly while observing that the investigation in the present case had unearthed sufficient material to prima facie point towards the guilt of the accused.
The complainant had stated that he was married to the daughter of the petitioner-accused, when she was taken back to her parental home on the pretext of some rituals, and when he went to take her back, the accused persons abused him with filthy language and assaulted him physically and also abused him in the name of his cast.
It was stated that the accused also came to the locality in which the opposite party no.2 resides and physically assaulted him and again abused him with filthy language in the name of his cast.
It was argued by the counsel for the accused that the entire allegations in the FIR are false and fabricated and have been made to harass the petitioner. He further submitted that the charge sheet has been submitted without any investigation and the trial court took cognizance by not considering the materials in the case record.
He submitted that no such incident occurred on the dates which have been specifically mentioned in the complaint and that within the definition of the SC/ST Act, the complainant was not insulted with the name of his caste in a public place.
It was further added the term "chhota jaat" did not refer to any particular caste and hence could not come under the purview of the 1989 Act.
Counse for the opposite party/complainant submitted that for initiation of a proceeding under the Act of 1989, no enquiry or approval is required under section 18A of the Act of 1989. He further submitted that the petitioners admittedly belong to higher caste and they have used the derogatory words in order to insult and humiliate the opposite party no.2 by using the words like “chota jat” “ Bhumij” which clearly demonstrate the criminal intention of the petitioner to disgrace the opposite party no 2.
Upon perusing the case diary, the Court concluded that the investigation has pointed towards the involvement of the petitioners in the offence alleged, and thus declined to quash the proceedings initiated against them.
Citation: 2024 LiveLaw (Cal) 177
Case: Subhash Tiwari & Anr. Vs. The State of West Bengal & Anr
Case No: CRR 2380 of 2023