Chandigarh: Observing that disclosure of caste in FIRs may prejudice officials handling the case and ultimately hamper investigation, the Punjab and Haryana high court has ordered Haryana, Punjab and Chandigarh to direct their police forces not to highlight castes of the complainants or the accused in any case, apart from those filed under SC/ST Act.
Justice P B Bajanthri passed these orders while taking cognizance of an FIR in which the Kaithal police had prominently disclosed the castes of the accused and the complainant. In this case, the accused had approached the high court, seeking regular bail in the case.
“In the present case, it is evident that castes of the complainant and the accused have been disclosed. Disclosure of caste is likely to prejudice officials who are handling the case and hamper the investigation. In other words, there would be a bias either in favour or against,” Justice Bajanthri observed in his recently-released order.
The order says, “Therefore, home secretaries of states of Haryana and Punjab and UT of Chandigarh are hereby directed to file an affidavit to the extent that is there any provision except in Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 to disclose the caste of the complainant or accused.”\
“If there are no provisions, necessary official memorandum or circular must be issued asking the concerned police departments not to highlight the caste of the complainant or accused while lodging of a complaint/FIR,” the judge said in the order. Both the states and Chandigarh have also been directed to file compliance report of these orders by July 13.
