Punjab & Haryana HC: Anticipatory Bail Denied Under SC/ST Act for Caste-Based Abuse in Public View
Case Name: Dr. Ashwani Kalia v. State of Punjab & Anr.
Date of Judgment: September 26, 2025
Citation: CRA-S-2735-2025 (O&M)
Bench: Hon’ble Mrs. Justice Manisha Batra
Held: The High Court dismissed the appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act, 1989, affirming the trial court’s rejection of anticipatory bail. It held that prima facie, the allegations that the appellant, then Director of the Forensic Science Laboratory, abused the complainant by calling her “Mazhabi” in a derogatory manner in the presence of staff amounted to caste-based humiliation in public view, attracting Section 3(1)(s) of the Act. Since a prima facie case was made out, the statutory bar under Section 18-A applied, and anticipatory bail could not be granted.
Summary: The FIR alleged that the appellant interfered with sealed parcels, tried to misuse the complainant’s official seals, and humiliated her by caste-based abuse, threatening her job security. The appellant argued false implication, claiming the complainant, a junior officer, fabricated allegations after being reprimanded for negligence, and that his surprise inspection on 03.01.2025 led to disciplinary memos. He contended no offence under the SC/ST Act was made out, as remarks were not within public view and were retaliatory. The State opposed, citing eyewitnesses and the specific caste-based remark. The Court relied on Swaran Singh v. State (2008) 8 SCC 435, which held that derogatory use of caste names constitutes an offence under the Act when made in public view. It found that the presence of other employees satisfied the “public view” requirement and distinguished precedents cited by the defense. Thus, the bar under Section 18-A squarely applied.
Decision: The High Court upheld the lower court’s order and dismissed the appeal, holding that the allegations disclosed a prima facie offence under Section 3(1)(s) of the SC/ST Act and anticipatory bail was barred.