The Allahabad High Court on Tuesday has dismissed an appeal regarding alleged objectionable comments made against Dalits by seer Swami Rambhadracharya during a religious event.
The appeal was filed by Prakash Chandra after a special judge for SC/ST cases had previously rejected his application concerning Rambhadracharya’s remarks.
Justice Saurabh Srivastava, while dismissing the appeal, stated, “Having perused the grounds taken up while preferring the instant appeal, it is crystal clear that no specific offence under the SC/ST Act, 1989, Section 67 of the IT Act, and other sections of the IPC is attracted.”
Chandra had sought the court’s direction under Section 156(3) of the Criminal Procedure Code (CrPC) to register an FIR against Rambhadracharya’s statements, which he claimed were targeted at the Scheduled Caste community and constituted offenses under the SC/ST Act and the IPC.
The special judge in Prayagraj dismissed Chandra’s application on February 15, 2024, citing maintainability issues. Following this, Chandra escalated the matter to the High Court.
Senior advocate M.C. Chaturvedi, representing Rambhadracharya, argued that the special judge’s reasoning and findings were reasonable and justified. He maintained that the comments made by Rambhadracharya did not constitute an offense under the SC/ST Act or Section 67 of the IT Act, as alleged in the appeal.
The additional government advocate, representing the state, also opposed the appeal, asserting that the special court’s order was sound and free from legal flaws.
After a thorough hearing, the High Court, in its ruling on October 4, upheld the special judge’s decision and dismissed the appeal.
This case underscores the complexities surrounding the interpretation of legal protections for marginalized communities and the challenges in addressing grievances related to potentially harmful speech.
