In a significant ruling, the Bombay High Court has upheld the First Information Report (FIR) filed against two individuals accused of slapping a Dalit Member of Parliament (MP) from the Bahujan Samaj Party (BSP) during a party meeting in Mumbai earlier this year. The Bench, comprising Justice Sarang Kotwal and Justice Neela Gokhale, found no merit in the petitioners’ request to quash the case, emphasizing that the offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, were clearly made out.
The incident took place on July 17, 2024, during a Maharashtra Pradesh BSP meeting at Dadar, where the party was announcing its new President and committee members. The altercation reportedly occurred when one of the accused, a female party member, slapped the BSP MP after coming in front of him in a queue. Both accused also allegedly made derogatory comments targeting two specific scheduled castes.
According to the FIR filed by a party official, the accused were upset over not receiving tickets for the upcoming Lok Sabha elections. They were booked under the Atrocities Act, as well as under the newly enacted Bhartiya Nyaya Sanhita, 2023.
In their plea, the petitioners argued that the FIR was politically motivated and lodged with malicious intent. They contended that the FIR was not filed by the MP who was allegedly slapped, but by the President of Maharashtra BSP, and denied making any derogatory remarks. Additionally, they pointed to an FIR filed by one of the accused in Bhandara, alleging abuse and claiming she was pushed off the stage during the same event.
However, the Court dismissed the petition, pointing to the “overwhelming” evidence supporting the FIR. Justice Kotwal remarked, “The intention of the petitioners is clearly made out in the FIR. The incident was witnessed by many other witnesses… All these statements show that the utterances were highly humiliating.”
Witness statements, as well as CCTV footage from the event, played a crucial role in the Court’s decision. The Court observed that the derogatory remarks made by the petitioners targeted specific scheduled castes, and the assault was witnessed by several individuals, further corroborating the evidence.
“There is no justification for slapping a member of parliament belonging to a scheduled caste, in public view, and utterance of those derogatory words. The offences under the said Act are clearly made out,” the Court emphasized.
In conclusion, the Bombay High Court refused to quash the FIR, reinforcing the importance of ensuring that the provisions of the Atrocities Act are enforced where necessary, particularly when evidence supports the claims of discrimination and humiliation based on caste.
Case: Neema Rangari vs State of Maharashtra – Available on LAWFYI.IO
