In a significant ruling, a Guwahati court granted bail to journalist Dilwar Hussain Mozumdar, highlighting the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court sharply criticized Assam Police for making “arbitrary” arrests under the act, stressing that the legislation was not intended to target individuals without substantial evidence.
On March 26, the Chief Judicial Magistrate of Kamrup (Metropolitan) granted bail to Mozumdar in a case where he was accused of making “offensive remarks” against a security guard at a bank during his coverage of a protest. The journalist, associated with the Assam-based digital media portal The CrossCurrent, had been arrested on March 25 for allegedly violating the SC/ST Act, which is designed to prevent atrocities against scheduled caste and scheduled tribe members.
Mozumdar’s arrest followed a protest against the Assam Co-operative Apex Bank (ACAB), where Chief Minister Himanta Biswa Sarma serves as a director and BJP MLA Biswajit Phukan as chairman. The police had claimed that Mozumdar used derogatory language related to the security guard’s caste, but the court noted that the evidence was insufficient to support these claims.
The court pointed out that the complainant's statement did not contain any incriminating evidence against Mozumdar, as he had neither described the abusive language nor claimed any criminal intimidation. The investigation, according to the court, failed to justify the arrest, leading to the conclusion that the SC/ST Act was being misused.
“It may be mentioned here that the SC/ST (Prevention of Atrocities) Act is a special Act intended to prevent atrocities against Scheduled Castes and Scheduled Tribes. It was never the intention of the legislature to use this Act to arrest people arbitrarily,” the court stated in its bail order.
The court further criticized the police for using the SC/ST Act as a tool to make arbitrary arrests based on unsubstantiated allegations. "In this situation, imputing such allegations upon the accused would be nothing less than misusing the law," the court remarked, stressing that the provisions of the Act should not be exploited for false arrests.
This ruling marks a significant moment in the ongoing debate about the misuse of laws intended to protect vulnerable communities. Legal experts have raised concerns about the potential for the SC/ST Act to be weaponized for political purposes or to suppress free speech.
Mozumdar was re-arrested shortly after being granted bail in the initial case, this time in connection with a complaint filed by Dombaru Saikia, the Managing Director of ACAB. Saikia accused Mozumdar of unlawfully entering the first floor of the bank and attempting to steal documents. Mozumdar remains in legal battles, with both arrests raising questions about the protection of journalists' rights in Assam.
The court’s intervention highlights the need for cautious and fair application of laws like the SC/ST Act, ensuring they are used to genuinely protect those they are intended for, not as tools for harassment or political agendas. Journalists and activists continue to voice concerns over the increasing use of such laws in situations where there is a lack of clear evidence or proper justification.
This case serves as a reminder of the importance of safeguarding press freedom and protecting individuals from misuse of legal systems.
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