False caste slur charge can’t deprive one of liberty: Court

MUMBAI: Observing that mere unilateral allegation by any individual belonging to any caste, when such allegation is motivated and false, can’t be treated as enough to deprive a person of his liberty without an independent scrutiny, a special court granted anticipatory bail to a transgender accused of using a casteist slur against a person against whom they had previously filed a case.
“Based on the material available on record, it prima facie appears that allegations are (sic) after thought and concocted. The statement of witnesses do not substantiate allegation of informant. The injury certificate do(es) not support their allegation. The version is contradictory to the other evidence available on record. The counter FIR is registered against the informant and others in which it was shown that they are having animosity against the applicant,” judge D B Dhoble said.
Pankaj Virkar alias Kaynat moved the sessions court seeking anticipatory bail. It was alleged that on April 12, the informant who belonged to the Andh Adivasi community, had gone for opening of a restaurant. Virkar was sitting there. It was alleged that Virkar started abusing the informant. When the informant’s companion tried to intervene, Virkar made casteist remarks and pushed the companion. It was also claimed that Virkar bit the informant’s finger and assaulted the companion. An FIR was registered for offences under the IPC and SC and STAct.
The judge pointed out that while Virkar had complained to the cops on April 12 alleging that the informant and others assaulted them, the informant’s FIR was lodged only on April 21. “The photographs of the applicant (Virkar) as well as injury certificate filed on record by the applicant, substantiate contention of the applicant that she suffered injury,” the judge said. The judge said that the allegations are apparently false.
The judge also said that the bar under SC/ST Act to grant bail would not be attracted.