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Supreme Court of India 2021-07-19 allowed

R.S. Bharathi vs State rep. by Assistant Commissioner of Police & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The appellant, a DMK leader, made a speech at an event in February 2020 discussing discrimination against Scheduled Castes and Scheduled Tribes in judicial appointments. He stated that Justice Varadarajan and other SC/ST members were appointed as judges due to the DMK's welfare policies. An FIR was registered alleging the speech violated provisions of the SC/ST (Prevention of Atrocities) Act, 1989. The High Court refused to quash it. The Supreme Court allowed the appeal, holding that the speech, though intemperate, contained no attempt to promote enmity against SC/ST communities and showed no disrespect to Justice Varadarajan. The statutory ingredients of the alleged offences were not made out, and the charge sheet was quashed."

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Criminal Law Atrocities (Prevention of Atrocities Act) Scheduled Castes and Scheduled Tribes Free Speech and Expression Quashing of FIR Hate Speech

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