Seek District Attorney's opinion before registering SC/ST Act cases at the instance of third party: Punjab & Haryana High Court

The Punjab and Haryana High Court has directed the Director-General of Police, Punjab not to register any first information report (FIR) under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act (SC/ST Act) at the instance of a third party, unless the District Attorney (Legal) opines that the complainant is a ‘victim’ under the Act (Bhagwant Singh Randhawa and another v. State of Punjab)..Justice Arvind Singh Sangwan passed the order after expressing concern that there were dubious social activists who tend to misuse the provisions of the SC/ST Act..“Considering the fact that so-called social activists are misusing the provisions of SC&ST Act, Director General of Police, Punjab is directed to issue instructions to all the Senior Superintendents of Police in Districts that no FIR under SC&ST Act be registered at the instance of third party, unless an opinion is sought from the District Attorney (Legal) that the complainant falls within the definition of victim as per SC&ST Act,” the Court said..The Court was dealing with a petition moved by an elderly couple who had been charged under the SC/ST Act for allegedly using derogatory terms in a private telephonic conversation while referring to their daughter-in-law, based on her caste identity. Their son is stated have uploaded the said recording on social media..After a case was registered in the matter, the petitioners applied for anticipatory bail. Notably, the petitioners had disowned their son in 2016 by issuing a notice in a newspaper amid disputes over property and the son's decision to marry a woman from the SC/ST community..The counsel for the petitioners claimed that the son had been harassing the petitioners to oust them from their house. The act of uploading the alleged comments of the petitioners in a private conversation was a ploy to further the son’s agenda to oust his parents from their house, it was submitted..Pertinently, the petitioners also highlighted that the complaint was not filed by the daughter-in-law (the victim) but by three persons based in Jalandhar who referred to themselves as social workers..As per the SC/ST Act, a “victim” under the SC/ST Act refers to and individual "who has suffered or experienced physical, mental, psychological, emotional or monetary harm to his property, which includes his relatives, legal guardian and legal heirs,” the Court said..Justice Sangwan observed that, in this case, the complainants (the three social workers) do not fall within the ambit of “victim” and, therefore, do not have any locus standi to file the complaint..In view of this, and also considering the ongoing property dispute between the petitioners and their son, the Court granted anticipatory bail to the petitioners..“Be whatsoever, the conduct and behaviour of (the daughter-in-law) in not lodging any complaint against her parents-in-law i.e. the present petitioners show that she is hopeful of getting the things resolved in future and therefore, finding that none of the complainant has any locus standi to register the present FIR, the present petition is allowed,” the Court said..Before disposing of the petition, the Court added that it will be open for the Investigating Officer to issue notice in writing to the petitioners to join the investigation..Advocate Amit Dhawan appeared for the petitioners. DAG Joginder Pal Ratra appeared for the State and Advocate Navraj Singh appeared for a complainant..[Read Order]