Allahabad High Court Dismisses Plea Against Swami Rambhadracharya Over SC/ST Remarks

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Synopsis

The high court noted that the SC/ST Act provides personal protection for individuals, and an application under Section 156(3) CrPC is not maintainable for community-wide grievances

In a significant decision, the Allahabad High Court recently dismissed a criminal appeal filed against Swami Rambhadracharya, pertaining to alleged objectionable comments made by him about the Scheduled Castes and Scheduled Tribes (SC/ST).

The appellant, Prakash Chandra, had challenged the February 2024 order of the Special Judge, SC/ST (Prevention of Atrocities) Act in Prayagraj, which dismissed his application under Section 156(3) of the Criminal Procedure Code (CrPC) seeking to lodge an FIR against Swami Rambhadracharya.

Certain remarks were made by Rambhadracharya during a religious discourse, which Chandra claimed were offensive and amounted to violations under Sections 120B (criminal conspiracy), 153A (promoting enmity), 295A (outraging religious feelings), and 506 (criminal intimidation) of the Indian Penal Code, as well as sections of the SC/ST Act and the Information Technology Act. 

In his appeal, Chandra argued that the remarks were detrimental to the SC/ST community and warranted legal action. However, the Special Judge had dismissed the initial application, stating that such a complaint could not be filed on behalf of the community at large, as the law provides protections primarily for individual rights, not collective ones.

During the hearing, counsel for Sri Rambhadracharya argued that the statements did not constitute any offence under the IPC or SC/ST Act, as they did not directly target any specific individual or community in a manner that would trigger legal action. The State’s counsel also argued that the comments could be interpreted in various ways and did not warrant an FIR.

The high court, after reviewing the grounds of the appeal and the Special Judge’s reasoning, upheld the earlier decision.

Court emphasized that the appellant’s claims lacked sufficient legal basis, and the remarks cited did not meet the requirements for offences under the invoked laws. It further noted that an application under Section 156(3) CrPC cannot be used to initiate criminal proceedings for broad, community-wide grievances.

In conclusion, the high court ruled that the appeal had no merit and dismissed it.

Case Title: Prakash Chandra Vs. State Of U.P. And 2 Others