IMPORTANT POINT
Only a person belonging to Scheduled Caste and Scheduled Tribe can invoke provisions of SC, ST (Prevention of Atrocities) Act – Caste system is alien to Christianity – Having converted to Christianity and admitting his role as a Pastor in a Church respondent could not invoke provisions of Scheduled Castes, Scheduled Tribes (Prevention of Atrocities) Act.

ORDER

The petitioners are arraigned as accused in Spl.SC.No.36 of 2021 on the file of IV Additional District and Sessions Judge – Cum – SC & ST Court, Guntur for the alleged offences under Sections 3(1)(r), 3(1)(s), 3(2)(va), SC ST (Prevention of Atrocities) Act, 2015 and Sections 341, 506, 323 read with 34 of IPC.

2. The learned counsel appearing for the petitioners submits that the 2nd respondent has filed a complaint on 26.01.2021 before the T.Sandole Police Station alleging that the petitioner is residing in Pittalavanipalem Village for the past 11 years along with his wife Soujanya, son Jadson Paul aged 7 years and daughter Mahima Paul aged 5 years. It is stated that for the past 10 years he has been conducting Sunday Prayers at the house of Doma Koti Reddy. About to 20 to 30 people attend the Sunday Prayers. It is also stated that the petitioner is working as a Pastor and that he has been conducting Sunday Prayers without disturbing the peace of the villagers.

3. It is stated in the complaint that the 2nd respondent received phone calls from the following numbers 8179892360, 63014362180, 8341686099, 9550315289, 9949681524, in the month of December, 2020 and that he was abused in the name of caste over the phone and was also threatened of eliminating him and that on 03.01.2021 at around 12.00 Noon while the 2nd respondent was performing the Sunday Prayer at the house of Dama Koti Reddy. The 1st accused is alleged to have called out the petitioner and slapped him and also fisted the petitioner. It is stated that as the petitioner is a Christian and on account of love of Jesus the 2nd respondent has pardoned the 1st accused.

4. It is also stated in the complaint that on 24.01.2021 when the 2nd respondent after completing Sunday Prayers at the house Doma Koti Reddy house and returning home, the petitioners along with 25 others had accosted the petitioners and assaulted him, in such a manner that the injuries would not be visible. The 2nd respondent was also threatened of elimination along with his family and he was abused in the name of his caste. The said complaint was lodged on 26.01.2021. On the strength of the complaint the police have registered a case against the petitioners alleging offences under Sections 3(1)(r, 3(1)(s), 3(2)(va), SC ST POA Act and 341, 506, 323 of IPC.

5. The police have conducted investigation and also filed a charge sheet, the same is taken on file as Spl.SC.No.36 of 2021.

Contention of the Petitioners:

6. The learned counsel appearing for the petitioners submits that the very registration of FIR alleging offences under the SC ST Prevention of Atrocities Amendment Act, 2015 is bad in law. It is submitted that the defacto-complainant in his complaint has categorically stated that he is working as a Pastor. It is also stated that he has been conducting Sunday Prayers as a Pastor. A person converted to Christianity cannot claim to be a member of Scheduled Caste community.

7. The learned counsel for the petitioners further submits that the petitioners never indulged in commission of the alleged offences. It is submitted that after the entry of the 2nd respondent into the village, the 2nd respondent had spoiled the social fabric in the village by rousing religious/caste feelings.

8. The learned counsel further submits that the 2nd respondent cannot claim to be a Scheduled Caste person for invoking the provisions of the SC, ST (Prevention of Atrocities) Amendment Act, 2015. It is submitted by the learned counsel for the petitioners that the Constitution (Scheduled Castes) Order, 1950 categorically makes it clear that no person who professes religion different from Hinduism shall be deemed to be a member of a Scheduled Caste.

9. The learned counsel for the petitioners relied on a judgment in Chinni Appa Rao and others Vs. State of A.P. and Another, 2016 1 ALD (Cri) 545, the composite High Court of Andhra Pradesh considered a similar issue where a complaint was filed by a person, who was converted into C