High Court’s big decision: Case should not be filed on the request of third party in SCST Act; Punjab DGP order all district chiefs

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  • Punjab DGP issues order to all its district police chiefs, SCST Act should not be filed at the behest of third parties – High Court

Chandigarh5 hours ago

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The Punjab Haryana High Court has issued an order to the DGP of Punjab regarding the SCST Act, under which it has been said that the FIR should not be registered under the SC-ST Act at the behest of third parties. Because of this the SC-ST Act is being misused. Along with this, it has also been ordered that they should issue orders to all their district police chiefs not to register a case under the SC-ST Act at the behest of third parties.

It is not proper to register an FIR under the SC-ST Act on the complaint of a third party who claims to be a social worker without the complaint of the aggrieved party. The High Court has said that the SC-ST Act should not be misused by the alleged social workers. The High Court has directed the Punjab DGP to issue orders to all district police chiefs in this regard.

The petitioner had appealed to the High Court
The case is related to a family dispute in Jalandhar. In this, the parents had evicted their son. Because the son had married a Scheduled Caste girl in the same year. An audio purportedly made by the son after the marriage had gone viral and told that his parents had made derogatory remarks about his wife’s caste.

After this, an FIR was registered in this case on the complaint of three people who claimed to be social workers. The petitioner couple told the High Court that these three do not in any way come under the definition of a victim. As per the SC/ST Act, only the aggrieved person can make a complaint. The definition of a victim may include his relatives, legal guardians and legal heirs.

The daughter-in-law of the petitioner did not make any complaint
During the hearing, both the woman in whom the remarks were alleged and the public prosecutor admitted that the daughter-in-law of the petitioner had not given a complaint in this regard. Then the High Court said that the so-called social workers are misusing the provisions of the SC / ST Act. Therefore, the High Court would have ordered the DGP of Punjab to issue orders to the SSPs of all the districts that FIR should not be registered at the behest of third parties. If there is truth in the allegations, then first the opinion of the District Attorney should be taken whether the case of SC-ST Act is made out or not?

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