SCST -- Castiest Remarks -- Eye witnesses had criminal antecedents and association with the complainant -- "Public view" requires independent and impartial witnesses without close association with the complainant
(i) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(1)(r) -- Caste-Based Abuse -- Eyewitnesses Interested in Complainant -- The expression "public view" must be interpreted to mean that persons present are independent and impartial and not interested in any of the parties. Persons having close relationship or association with the complainant, or a chequered history involving criminal antecedents connected to the complainant, would not satisfy this requirement. (ii) Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(1)(r) -- Caste-Based Abuse -- Counterblast to Disciplinary Action -- Quashing -- A complaint alleging caste-based abuse filed shortly after disciplinary action against the complainant, coupled with unexplained delay in setting the criminal law into motion and interested eyewitnesses, can be inferred to be maliciously instituted with an ulterior motive, warranting quashing of proceedings as an abuse of the process of law.
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