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ALLAHABAD HC DIRECTS POLICE AUTHORITIES TO TAKE LAWFUL ACTION AGAINST A MAN ACCUSED OF ABUSING SAFAI KARMCHARIS

CASE TITLE: MEERA DEVI V. STATE OF UP AND ORS.

CASE NO. : MISC. BENCH NO. 8402/2020

QUORUM: JUSTICES ANIL KUMAR AND MANISH MATHUR

APPEARANCE: ADVOCATE MOHIT MISHRA (FOR PETITIONER)

The Allahabad HC directed the Police authorities to take appropriate legal action against a man who was abusing a Safai Karmchari and threating harm to him and her family.

The bench comprising of Justices Anil Kumar and Manish Mathur has asked the superintendent of Police of the concerned district to act on the FIR and take legal actions.

The present case was filed by Meera Devi, a widow lady belonging to the Scheduled Caste Community, who worked as a Safai Karmchari in the Hardoi District of UP.

It was alleged that when the Petitioner and her co-workers were performing their duties as Safai Karmchari, the accused named Devraj, came and started abusing them and when the Petitioner tried to make the video of incident, he broke her mobile phone. Subsequently, he threatened her not to broadcast the incident or else he will harm her and her family.

The Petitioner had approached the HC stating that even though an FIR was registered against the accused under the provisions of IPC and SC/ST Act, the Police authorities were not take any legal actions against him.

It is also contended that the SC/ST Act provides for “immediate arrest” of the accused but despite the aforesaid clear provision, the Police authorities are non-compliant, and the same has resulted in violation of the Petitioner’s right of life and dignity guaranteed under Article 21 of the Indian Constitution.

The matter was disposed with a direction to the Police to act in compliance with the Guidelines for registration of FIR and investigation.

By Shubhi Singhal of LCD

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