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2024 Supreme(SC) 688

J. B. PARDIWALA, MANOJ MISRA
Shajan Skaria – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Sidharth Luthra, Sr. Adv. Mr. Gaurav Agrawal, Sr. Adv. Mr. Abhay Anil Anturkar, Adv. Mr. Dhruv Tank, Adv. Mr. Aniruddha Awalgaonkar, Adv. Mr. Sarthak Mehrotra, Adv. Mr. Ayush Kaushik, Adv. Mr. Bhagwant Deshpande, Adv. Ms. Surbhi Kapoor, AOR
For the Respondent(s): Mr. P.v. Dinesh, Sr. Adv. Mr. Nishe Rajen Shonker, AOR Mrs. Anu K Joy, Adv. Mr. Alim Anvar, Adv. Mr. Ajith Anto Perumbully, Adv. Ms. Anna Oommen, Adv. Ms. Urvashi Chauhan, Adv. Mr. Haris Beeran, Adv. Mr. Azhar Assees, Adv. Mr. Anand B. Menon, Adv. Mr. Radha Shyam Jena, AOR

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The law does not impose an absolute restriction on courts' power to grant anticipatory bail under the relevant Act; rather, it specifies conditions under which such bail may be denied, primarily when there are prima facie materials indicating the commission of an offence under the Act (!) (!) .

  2. The bar against anticipatory bail applies only when there are sufficient prima facie materials in the FIR or complaint indicating the commission of an offence under the Act, and only in cases where a valid arrest can be made according to the provisions of the CrPC, specifically Sections 41 and 60A (!) (!) .

  3. The determination of whether a prima facie case exists involves assessing if the allegations, on their face, disclose all essential ingredients of the offence. If not, the bar under the Act does not apply, and courts can grant anticipatory bail (!) (!) .

  4. An offence under the Act is not established solely by the knowledge of the victim's caste or community; there must be an intention or reason to insult or humiliate the victim because of their caste or community, with the insult or intimidation being on that ground (!) (!) .

  5. The words "with intent to humiliate" in the relevant section of the Act must be understood in the context of caste-based humiliation, often linked to practices of untouchability or systemic discrimination, and not every insult or intimidation will amount to an offence unless it is aimed at or motivated by the victim’s caste identity (!) (!) .

  6. The concept of humiliation involves psychological injury and can be systemic or individual. For an act to be punishable, it must be intricately connected to caste identity and intended to cause such humiliation, especially within the context of social structures that perpetuate caste-based discrimination (!) (!) .

  7. The offence under the Act is not made out merely by the fact that the victim belongs to a Scheduled Caste or Scheduled Tribe; there must be an intention to humiliate the victim because of their caste, and the conduct must be targeted or motivated by caste-based reasons (!) (!) .

  8. The provisions of the Act, including the bar on anticipatory bail, are constitutionally valid and do not violate fundamental rights, as they are aimed at addressing specific social issues related to caste-based atrocities and systemic humiliation (!) (!) .

  9. The exercise of police powers, including arrest, must be based on reasonable suspicion, credible information, and a necessity to arrest, and cannot be made solely because it is lawful to do so. Proper procedural safeguards and judicial oversight are essential to prevent misuse (!) (!) .

  10. Courts are responsible for independently assessing whether the allegations, on their face, disclose all necessary elements of the offence, and should conduct a preliminary review of the materials to prevent unnecessary humiliation of the accused and ensure that the provisions of the Act are applied correctly (!) (!) .

These points collectively clarify the legal framework surrounding anticipatory bail under the relevant Act, the importance of establishing a prima facie case, and the necessity of demonstrating caste-based motivation for offences of humiliation and insult.


JUDGMENT

J. B. PARDIWALA, J.:

For the convenience of exposition, this judgment is divided into the following parts: -

A.

FACTUAL MATRIX

B.

SUBMISSIONS ON BEHALF OF THE APPELLANT

C.

SUBMISSIONS ON BEHALF OF THE COMPLAINANT

D.

SUBMISSIONS ON BEHALF OF THE STATE

E.

RELEVANT STATUTORY PROVISIONS

F.

ISSUES FOR DETERMINATION

G.

ANALYSIS

i.

Evolution of the concept of anticipatory bail

ii.

Whether Section 18 of the Act, 1989 imposes an absolute bar on the grant of anticipatory bail in cases registered under the said Act?

a.

Significance of the expression “arrest of any person” appearing in Section 18 of the Act, 1989

iii.

When can it be said that a prima facie case is made out in a given FIR/complaint?

iv.

Whether the averments in the FIR/complaint in question disclose commission of any offence under Section 3(1)(r) of the Act, 1989?

a.

Meaning of the expression “intent to humiliate” appearing in Section 3(1)(r) of the Act, 1989

v.

Whether any offence under Section 3(1)(u) of the Act, 1989 is prima facie made out in the FIR/complaint in question?

vi.

Whether mere knowledge of the


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