Hurling casteist abuse: Bombay High Court grants anticipatory bail to school principal after complainant teacher puts up banners about accused

The Bombay High Court recently granted anticipatory bail to a school principal (appellant) booked for hurling casteist abuses against a teacher belonging to a Scheduled Caste community [Dr Lekha Visaria vs State of Maharashtra].Single-judge Justice Milind Jadhav also admonished the complainant teacher for putting up a banner seeking arrest of the principal.The Court stated that the complainant after initiating the due criminal procedure of law of lodging a complaint with the police, should not have exercised extra-judicial remedies. "This approach of the informant in publishing a banner certainly would emanate from the thought for seeking vengeance against the appellant (school principal). Once the complaint is lodged, FIR registered, the publication of the banner is uncalled for. Complainant cannot seek extra judicial remedies to pressurize the prosecution," the Court said. The Court dissuaded complainants from resorting to such tactics to pressurize prosecution agencies. "Prosecution will carry out the investigation on the basis of cogent material on record and its investigation process. Parties should desist from such acts and allow the prosecution to do its duty in accordance with law," the single-judge underscored. .The Court was hearing a plea by the principal seeking anticipatory bail in the FIR registered for offences under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.As per the FIR, the complainant was summoned by the appellant in her cabin and was insulted. It was alleged that the appellant told the complainant teacher that since she belongs to a lower caste, she should teach lower classes (class 5 and 6) instead of class 10. .The appellant in her defense pointed out that the complainant was among other teachers, who had made mistakes in evaluating class 10 results and teaching English subject. Thus, it was decided to stop her from teaching class 10 and was instead asked to teach classes 5 and 6..Justice Jadhav noted that though the incident took place in October 2021, the complainant filed the FIR only in February 2022 i.e. after the management asked her to teach lower classes."If the complainant was genuinely hurt by the incident, she would have immediately lodged the complaint as any prudent person is expected to do, if she was right in her complaint. I need not detain myself with going into the nitty-gritty of the specific complaints against the complainant but a reasonable case is made out by the Appellant that the report filed by the complainant may be an outcome of vengeance and vendetta against the appellant and the management of the school," the judge observed. The judge further took into account the contention of the appellant that when the alleged incident took place, the complainant wasn't present in the school. In view of this, the Court granted pre-arrest bail to the school principal..Advocates Rishi Bhuta, Ankita Bamboli and Sagar Shahani appeared for the appellant. .[Read Order]