The Rajasthan High Court has quashed a complaint filed against actress Shilpa Shetty under the SC/ST (Prevention of Atrocities) Act for allegedly using the word “Bhangi” in a 2013 television interview. The complaint, filed by Ashok Panwar in December 2017, claimed that the use of the term hurt the sentiments of the Valmiki community.
Court’s Ruling
Justice Arun Monga, while quashing the FIR, highlighted several key points:
- Lack of Legal Grounds:
The court found that the allegations did not meet the necessary legal criteria for offenses under Section 153A of the Indian Penal Code (IPC) or the SC/ST Act. - Procedural Issues:
The court noted the failure to follow mandatory procedural requirements under Section 196 of the Criminal Procedure Code (Cr.P.C.) and observed that the FIR was filed more than three years after the interview in question, without any explanation for the delay. The delay was deemed detrimental to the case. - SC/ST Act Applicability:
The court further ruled that the SC/ST Act did not apply as the alleged remarks did not show any intent to humiliate individuals based on their caste. The remarks were found to lack the statutory elements required for criminal proceedings.
Outcome
Given the lack of substantial evidence and the absence of necessary legal elements, the FIR was deemed illegal and the case was quashed. The court emphasized that continuing the complaint would be an abuse of the legal process.
Case Details:
Case Title: Shilpa Raj Kundra v. State of Rajasthan
Case No: S.B. Criminal Misc(Pet.) No. 1600/2018
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