Sc/st atrocity

Querist : Anonymous (Querist) 16 September 2011 This query is : Resolved
Hi Sir,

if any threatens us taking the name of SC/ST atrocity case (even though we never uttered even a single word against them ) how to counter that.

One of my colleague always threatens others taking name of SC/ST atrocity case. and he says that it is non bailable. it is very unfortunate that the law created for protection of weaker sections became a toy in hands of some people .

Is there any way for this .

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adv. rajeev ( rajoo ) (Expert) 16 September 2011
you are absolutely right law created for protection of weaker sections became a toy in hands of some people.
Yes it is non bailable offence, but in some courts bail will be given immediately. I am first to take the anticipatory bail for my clients in SC/St case, even though there is no provision in the SC/ST act to grant a anticipatory bail.

Querist : Anonymous (Querist) 16 September 2011
Rajeev sir, you did not answer my question. is there any way to counter that. is there any powerful law that that ?

I am pasting my question again below for your easy reference.

Hi Sir,

if any threatens us taking the name of SC/ST atrocity case (even though we never uttered even a single word against them ) how to counter that.

One of my colleague always threatens others taking name of SC/ST atrocity case. and he says that it is non bailable. it is very unfortunate that the law created for protection of weaker sections became a toy in hands of some people .

Is there any way for this .

Guest (Expert) 17 September 2011
Though the safe guards are given both to the accused and aggrieved. Mere filing of the criminal complaint will not ilself to give rise to registration. The special officer will be appointed under the hand and seal of Superintendent of Police. Minimum 50 persons has to be examined from either castes then if made out the case will be registered. other things are normall if charge sheet filed. But surrender & bail possible with direction of highcourt on the same day. No anticipatory bail for these cases. don't worry record the persons wordy quarrel or speech if it is repeated it will help you out.

Guest (Expert) 17 September 2011
Adv. Rajeev is right in his observation. However, as regards opinion of Shri S. Ganesan, I would like to differ with him to some extent, as there may be such a procedure, as stated by him, but the fact is that the police just try to arrest the person complained against and till the investigation is completed the damage would have already been done to the disadvantage of the person compalained aginst and his career blotted.

However, as a precaution, if such a type of threats do happen often without any reason, it is better to send a complaint to the Commissioner SC/ST duly witnessed by several others against the blackmailing person with the request to advise him suitable not to take undue advantage of the law, which is made just for the protection of these communities. Copy of such a coplaint may also be endorsed to his own superior Officer, Head of the Office, Head of the Department, as well as the Police authorities. This process may help the aggrieved person to subside the matter as and when such sad event happens.

Besides, you should keep very cordial and friendly relations with all other SC/ST community members. This would help him get moral support of several other members of the SC/ST community at the time of such undesirable happening.