Big decision of Rajasthan High Court in SC-ST case (symbolic picture)
Jagran correspondent, Jodhpur. If an incident occurs within the boundary walls of a closed shop or house then it cannot be considered in 'public view'. Which is an essential condition for this Act.'' Saying this, the Rajasthan High Court in its judgment overturned the 31-year-old decision of the lower court in the SC-ST case.
Court judge Farzand Ali, while giving the verdict, made it clear that giving the form of SC-ST Act to a dispute regarding personal or business transaction between two persons is a gross misuse of the law. In 1994, the court acquitted the accused showroom owner by canceling the sentence awarded by the lower court.
The court said that the lower court had misused the law by applying stringent provisions of the SC-ST Act in a personal dispute. The Court clarified that if the alleged caste based insult or abuse took place inside a closed shop, showroom or boundary wall, where there was no presence or visibility of the general public, then it cannot be considered as an act committed 'in public view' in the eyes of the law.
The case was related to a vehicle showroom operator, who was accused of using caste based abuses and assaulting a customer. The trial court had convicted the accused under the section of SC-ST Act and sentenced him, which was rejected by the High Court in appeal.