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Synopsis

While allowing bail to three men accused of offences under the Scheduled Castes and Schedules Tribes (Prevention of Atrocities) Act, 1989, the Madras High Court imposed a condition upon them to file an affidavit stating a pledge not to practice social discrimination based on untouchability.

Among other conditions for the grant of bail, the bench of Justice M Nirmal Kumar ordered that after executing all the sureties within 15 days of coming out of prison, the accused persons shall file an affidavit before the concerned court which reads as follows:

“I, as a Citizen of India, having utmost faith in the Constitution of India, am quite aware that 'Untouchability' has been abolished under our Constitution. I, hereby, take pledge that knowingly or unknowingly, I will not practice social discrimination based on untouchability either by words or deeds or in any other manner. I am aware that it is my duty to serve in a true, honest and faithful manner, as per the basic principles laid down under the Constitution, to create an independent Society, without any discrimination. I solemnly affirm that this would stand to speak forever the faith I have in the Indian Constitution.”

The order was passed in a criminal appeal filed by three persons to set aside the order passed by the Special Judge, Special Court for Trial of cases under SC/ST (POA) Act, Tiruvannamalai, and grant them bail in a case of a boycott of members of Scheduled Caste community.

The allegation against the accused persons was that they, in their capacity as proprietors of a Freezer Box Service catering to deceased individuals, a barber shop, and a hotel, refused services to two villagers solely because they belonged to the Scheduled Caste community.

A case had been registered against them for the offences under Sections 153(A)(1)(a) of IPC r/w. Sections 3(1)(u), 3(1)(za)(D) of SC/ST[POA] Act and Section 4(1) of PCR Act.

The court noted that in the case, the investigation was at the penultimate stage and the charge sheet was to be filed shortly. 

Also, before the bench, the counsel for the accused persons submitted that they work as Dhobies and belong to a minority and Most Backward Community in the village, having no history of discrimination.

Their counsel further stated they would file an affidavit affirming solidarity and non-discrimination within 15 days of release on bail. However, he expressed the concern that this affidavit should not be misused during the investigation or trial.

Accordingly, considering the submissions made and on perusal of the materials available on record, court decided to allow the bail to the accused persons subject to conditions.

Case Title: Shiva and Others v. State & Another