Raising serious concern over the mention of an accused’s caste in an FIR, the Allahabad High Court has asked the Uttar Pradesh Director General of Police (DGP) to submit a personal affidavit justifying the inclusion of caste information and its relevance in the first information report.
Justice Vinod Diwakar passed the order on March 3 while hearing a plea seeking quashing of the FIR filed by Praveen Chetri, who was booked under different sections of the Indian Penal Code (IPC) and the Excise Act.
“The DGP is directed to file a personal affidavit 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 the law enforcement practices and public perception,” Justice Diwakar observed.
The court also stressed that while the Constitution guarantees abolition of caste-based discrimination in India, the Supreme Court has also deprecated the practice of mentioning caste and religion in pleadings.
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, Justice Diwakar said.
The case pertains to an alleged liquor smuggling operation in Etawah district. According to the prosecution, the applicant was a gang leader who brought liquor from Haryana and sold it in Bihar, a dry state, at higher rates for profit, frequently changing number plates of vehicles during transit.
The court noted that the police arrested certain people, including the applicant, on the spot and the caste of all the accused was mentioned in the FIR The court has fixed the matter for hearing on March 12.
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