2 weeks ago
Allahabad High Court Revives Student Leader’s Caste Abuse FIR Plea
Vivek Kumar is a student leader who said he was mistreated during a university protest.
He accused former proctor Rakesh Singh of using caste-related insults and hitting him with a wooden stick.
Kumar asked the police to register a formal case, but no FIR was registered.
A special court rejected his request, describing the incident as suspicious.
The Allahabad High Court said the special court had not explained its decision properly.
It cancelled that order and sent the matter back for a new review.
The lower court must now examine the evidence and give clear reasons.
It must also consider whether officials failed to perform duties required by the SC/ST Act.
The Allahabad High Court set aside a special court order rejecting Vivek Kumar’s request to register an FIR.
Kumar alleged that former Allahabad University Chief Proctor Rakesh Singh used caste-based slurs and assaulted him during a 2023 protest.
The protest on October 17, 2023, sought 24-hour library access, reinstatement of suspended students, and improved sanitation facilities.
The High Court said the special judge had called the incident “suspicious” without adequately examining the allegations or supporting material.
The case was remanded for fresh consideration, including possible action under Section 4 of the SC/ST Prevention of Atrocities Act.
- Who
- AISA student leader Vivek Kumar and former Allahabad University Chief Proctor Rakesh Singh are central to the case; Justice Jai Prakash Tiwari issued the High Court ruling.
- What
- The High Court restored Kumar’s plea seeking registration of an FIR over alleged caste abuse and assault.
- Where
- The alleged incident took place outside the University of Allahabad.
- When
- The alleged incident occurred on October 17, 2023; the High Court ruling was issued recently, with no exact date provided.
- Why
- The High Court found that the special judge rejected the complaint without meaningfully analyzing the allegations, evidence, or potential action under Section 4 of the SC/ST Act.
Kumar’s Allegations
Singh’s Position
What happened during the protest
Kumar’s Allegations
Kumar said Singh used caste-based slurs and assaulted him with a wooden stick during a peaceful protest.
Singh’s Position
Singh’s counsel maintained that the circumstances surrounding the alleged incident appeared inherently suspicious.
Handling of the complaint
Kumar’s Allegations
Kumar argued that police and higher authorities did not act on his complaints and that the special judge rejected his plea without proper inquiry.
Singh’s Position
The special court had rejected the request after finding the incident suspicious, though the High Court said the order lacked sufficient reasoning.
Key facts
- Applicant
- Vivek Kumar, Unit President of the Allahabad unit of the All-India Students Association.
- Respondent named in allegations
- Rakesh Singh, former Chief Proctor of Allahabad University.
- Date of alleged incident
- October 17, 2023.
- Protest demands
- 24-hour library access, reinstatement of suspended students, and clean sanitation facilities.
- Allegations
- Kumar alleged caste-based abuse and assault with a wooden stick, causing injuries.
- High Court action
- The special judge’s order was set aside and the matter was remanded for fresh consideration.
- Legal provision highlighted
- Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Quotes
Justice Jai Prakash Tiwari
Allahabad High Court judge
“The learned court shall also examine the applicability of Section 4 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and, if the facts and circumstances so warrant, proceed in accordance with law against the concerned public servants who have failed to discharge their statutory duties as contemplated thereunder.”
indianexpress.com
Sources
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