SC/ST Atrocities Case: Bombay HC Stays Investigation Against AAP’s Preeti Sharma Menon

The Bombay High Court recently stayed probe against Aam Aadmi Party (AAP) executive member and Mumbai president Preeti Sharma Menon in connection with a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

A division bench of Sunil Shukre and MM Sathaye ordered the Mumbai police to halt their investigation in the matter for four weeks until the next hearing date.

On March 16, 2023, the Andheri police station filed a first information report (FIR) against Menon in response to a complaint filed by AAP member Sanjay Kamble.

Kamble claims that on February 23, while AAP Chief and Delhi CM Arvind Kejriwal was in Mumbai, he highlighted the issue of mismanagement within the party.

At the time, another member, Manu Pillai, was accused of making anti-caste slurs.

Kamble approached Menon and requested that she take action against Pillai.

Menon allegedly informed Kamble on March 10 at another meeting that “his mentality was low.”

Kamble was also allegedly denied the right to leave the office, and the incident was accompanied by sloganeering.

Kamble later filed a complaint, and a FIR was registered against Menon and others under Sections 143 (unlawful assembly), 147 (rioting), 500 (defamation), 504 (intentional insult), and 506 (threat) of the Indian Penal Code, as well as Sections 3(1)(r) and 3(1)(s) of the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act 1989.

Menon approached the High Court to have the FIR dismissed.

She claimed that Kamble was found engaging in anti-party behavior and that his membership in the party had been cancelled.

Menon suspected Kamble of causing problems and filed a complaint against him on March 11, 2023.

Menon noted that Kamble’s FIR appeared to be registered under the influence of rival political parties.

Appearing for Menon, Senior Advocate Mihir Desai stated that the FIR was filed six days late. He further stated that the FIR was ambiguous and did not identify the slurs used against the plaintiff.

He also claimed that, despite the fact that the offenses were punishable by fewer than seven years in prison, no notice had been issued under Section 41A of the Code of Criminal Procedure.

The division bench granted interim relief to Menon and issued notice to the Mumbai Police to stay the investigation till further hearing.