The Supreme Court on Monday quashed the criminal proceedings against DMK Rajya Sabha member R.S. Bharathi under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for a speech he made last year.
A Bench led by Justice L. Nageswara Rao allowed an appeal filed by Mr. Bharathi, represented by senior advocate Kapil Sibal and advocate Amit Anand Tiwari, against a Madras High Court judgment on February 22. The High Court refused to quash the final report and proceedings against the parliamentarian.
In his petition, the MP reasoned that his statements were not intended to promote feelings of enmity, hatred or ill-will against members of the Scheduled Castes or Scheduled Tribes. Advocate Joseph S. Aristotle appeared for the State government.
Mr. Bharathi said he was merely stating a historical fact that the Dravidian progressive movement, with which he was involved since the 1960s, had improved and uplifted the lives of members of SC, ST and downtrodden communities in Tamil Nadu.
The case relates to a meeting organised by the leaders of DMK in the name of ‘ Kalaignar Vasagar Vattam ’ to share the ideals of the party.
Mr. Bharathi said he had addressed the crowd about the genesis of the party and its achievements for over 45 minutes. His comments were picked out of context and a complaint was registered against him under Sections 3(1) (u) and 3(1)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
In fact, multiple FIRs were registered regarding the same incident.
The petition said the judgment had erroneously noted that his statements were such that it would divide the people and create disharmony in the society, and they were in bad taste. Mr. Bharathi argued that the requirements under Sections 3(1) (u) and 3(1)(v) of the Act were very specific. Being divisive or in bad taste were not an ingredient to attract the offence. Besides, there was not an iota of evidence to prove any wrong intention on his part.
