SC-ST Act case against officer dismissed, HC rules ‘tribal is not a caste’

Ranchi: The High Court has dismissed the case filed under the SC/ST Act against Sunil Kumar, who is currently working as the Settlement Officer in Dhanbad. He had been accused of insulting a woman by calling her a “mad tribal.” The High Court’s decision to quash the FIR has provided significant relief to Kumar.

During the hearing, the court observed that the First Information Report (FIR) filed by the woman did not state that she belonged to any of the Scheduled Tribes recognized in Jharkhand. According to the notification issued by the President of India, those who are not listed in the official caste or tribe list cannot be considered as SC (Scheduled Castes) or ST (Scheduled Tribes).

The case dates back to September 19, 2023, when a woman from Dumka district accused Sunil Kumar of verbally abusing her while she was attempting to file a Right to Information (RTI) request. She alleged that Kumar not only refused to accept her application but also ordered her out, leading her to file a complaint under the SC/ST Act at the local police station (Case No. 7/2023).

However, the court found that the FIR did not contain any specific facts that indicated the woman belonged to a Scheduled Tribe. Furthermore, the court noted that no serious charges under the Indian Penal Code (IPC), such as Sections 354, 341, 506 (for criminal intimidation, wrongful restraint, and assault), could be applied, as there was no physical assault, no obstruction of her path, nor any evidence of an intent to humiliate her.

In its final order, the court stated that since Sunil Kumar is a government official and the incident occurred while he was on duty, proceeding with the case would amount to an abuse of legal.

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