'Risk Of Prejudicial Treatment Against Marginalized Communities': Allahabad HC Questions DGP Over Mention Of Accused's Caste In FIR

A bench of Justice Vinod Diwakar sought the explanation as it noted that there is a growing concern over institutional bias, the potential for reinforcing stereotypes, and the risk of prejudicial treatment against marginalized communities.

“The Director General of Police is directed to file a personal affidavit, before the next date of hearing, justifying the requirement and relevance of mentioning the caste of a suspect or a group of persons in an FIR or during a police investigation in a caste-ridden society, where social divisions continue to influence law enforcement practices and public perception,” the Court's order reads.

Notably, the Court also stressed that while the Constitution guarantees the abolition of caste-based discrimination in India, the Supreme Court has also deprecated the practice of mentioning caste and religion in the pleadings.

Hence, the Court added that the DGP's affidavit shall address whether such reference to caste serve any legal necessity or inadvertently perpetuate systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice.

The Court was essentially dealing with an FIR quashing plea filed by one Praveen Chetri, who has been booked under Sections 420, 467, 468, and 471 of the IPC, read with Sections 60/63 of the Excise Act.

The case pertaines to an alleged liquor smuggling operation in the district of Etawah. According to the prosecution, the applicant is a gang leader who brings liquor from Haryana and sells it in Bihar at higher prices for profit while frequently changing the number plates of their vehicles during transit.

Perusing the FIR, the Court had noted that the police apprehended and subsequently arrested certain people, including the applicant, on the spot, and the caste of all the accused has been mentioned in the FIR. Pursuant to which, the affidavit of the UP DGP has been sought.

The matter will now be heard as fresh on March 12.