FIR against Bharathiar University Vice-chancellor under SC Act quashed

Quashing the FIR filed by Vadavalli police in Coimbatore, Justice N Anand Venkatesh said the complainant, Lakshmi Prabha, has “virtually attempted to ventilate her grievance regarding her employment and post-doctoral fellowship by misusing the Act”.

Noting that harassing a citizen using the Act was against the guarantee given by the Constitution, the judge said, “If such false complaints are entertained, instead of blurring caste lines, it will only promote caste hatred. Such false complaints unfortunately may even perpetuate casteism.”

However, noting that he was aware of the discrimination that continues against persons belonging to the SC and ST communities, more particularly in villages, Justice Venkatesh said, “It is unpalatable to mention but it is a painful reality that the entire system in the State is operating in the lines of caste. Even candidates are selected during elections based on the majority caste to which he belongs.”

Lakshmi Prabha had alleged that she was subjected to economic and social boycott. Due to her caste, the vice-chancellor had rejected her application for the post of assistant professor in the Department of Bio-Technology and then refused post-doctoral fellowship by writing letter to the UGC to cancel the consideration, she alleged. The vice-chancellor treated her as an untouchable and insulted her publicly, she added, and submitted that her husband, who was working as a driver at the university, was also stripped of his job.

Noting that the court does not want this Act to be one more reason for perpetuating casteism and let it be used to handle genuine cases of atrocities committed against SC and ST, the judge said the allegations contained in the FIR, even if taken on face value and accepted in its entirety, do not constitute an offence.

“The case on hand is one such where criminal proceedings are manifestly tainted with malafides, and this court has to necessarily interfere,” Justice Venkatesh added.