Delhi Court Denies Anticipatory Bail to Ajeet Bharti in SC/ST Act Case

Prima facie caste-based humiliation

A Delhi Sessions Court has rejected commentator Ajeet Bharti’s anticipatory-bail application in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The prosecution relied on remarks made in an online programme concerning the caste and marriageability of a sitting Member of Parliament.

The Court found, at the preliminary stage, that the language did more than make a stray caste reference. By invoking ideas of “upper” and “lower” caste status in the context of a marriage alliance, the remarks allegedly engaged the caste-based notion of superiority that can demonstrate an intent to humiliate under Section 3(1)(r).

Section 18 bar applied

Once the material prima facie disclosed an offence under the Act, the Court held that Section 18 barred anticipatory bail. It expressly avoided a final determination of truth or context, leaving the accused free to place his defence before the investigating agency and trial court or renew remedies if circumstances materially change.