Read Time: 06 minutes

Synopsis

The Allahabad High Court, recently, in a petition seeking to quash criminal proceeds, observed that the police had explicitly mentioned the caste of all accused individuals in the FIR. The court, therefore, directed the Director General of Police (DGP) to file an affidavit justifying the necessity and relevance of mentioning an accused person’s caste in an FIR or during police investigations.

The bench of Justice Vinod Diwakar emphasized that “The Director General of Police is directed to file a personal affidavit, before the next date of hearing, justifying the requirement and relevance of mentioning the caste of a suspect or a group of persons in an FIR or during a police investigation in a caste-ridden society, where social divisions continue to influence law enforcement practices and public perception. This requirement comes amid growing concerns over institutional bias, the potential for reinforcing stereotypes, and the risk of prejudicial treatment against marginalized communities”. 

During the arguments, Advocate Prashant Sharma and Surendra Pratap Singh representing the accused, contended that their client had been falsely implicated. The applicant had been a co-passenger in a black-colored Scorpio vehicle from which the police recovered 70 bottles of Royal Challenge Classic Premium Whisky and 36 bottles of Royal Stage Premium Whisky, both labeled ‘for sale in Haryana only’. 

Upon further interrogation, the police intercepted another vehicle of Ascent make, which contained an additional 213 bottles of Royal Challenge Classic Premium Whisky and 24 bottles of Royal Stage Premium Whisky. In total, 300 bottles of Royal Challenge and 60 bottles of Royal Stage whisky were seized from both vehicles. Per the FIR, the accused was alleged to be the leader of a gang involved in smuggling liquor from Haryana to Bihar for profit.

Upon reviewing the First Information Report (FIR), the court noted that the police had apprehended and arrested multiple individuals on the spot but the court also noted that the FIR contained the caste of all apprehended people. Expressing concern over this practice, the court emphasized that India remains a caste-sensitive society where social divisions continue to influence law enforcement practices and public perception. The court therefore directed the DGP to file an affidavit explaining the requirement for such references to caste. 

The directive comes amid concerns over institutional bias and the risk of reinforcing stereotypes that may lead to prejudicial treatment of marginalized communities. The court highlighted that the Constitution of India guarantees the abolition of caste-based discrimination, promoting equality, dignity, and impartial justice. Additionally, the court, relying on the opinion of the Supreme Court, criticized the practice of including caste and religion in legal pleadings, stating that such references serve no legal purpose and may perpetuate discrimination.

Accordingly, the court instructed that the affidavit should clarify whether mentioning caste in an FIR serves any legal necessity or, conversely, contributes to systemic discrimination, thereby conflicting with constitutional values and judicial precedents that advocate for social justice.

For Applicant: Advocates Prashant Sharma and Surendra Pratap Singh
Case Title: Praveen Chetri v State of U.P. (Appln. U/S 482 No. - 31545 of 2024)