CHANDIGARH: The Punjab and Haryana High Court has ordered Haryana, Punjab and Chandigarh to direct their police forces to not highlight castes of the complainants or the accused in any case, apart from those filed under SC/ST Act. The move comes because it is believed that the disclosure of caste in FIRs may prejudice officials handling the case and ultimately affect investigation. The orders were passed by Justice PB Bajanthri 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.
Justice Bajanthri observed, “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.” 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.”
The judge said, “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.” Both states have also been directed to file compliance report of these orders by July 13.
