New Delhi, November 21: The Rajasthan High Court has quashed a complaint filed under SC/ST (Prevention of Atrocities Act) against Bollywood actress Shilpa Shetty for using the word "Bhangi" in a 2013 Television interview.
Justice Arun Monga held: "In light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the lack of applicability of the SC/ST Act, the FIR is patently illegal and deserves to be quashed. The allegations neither substantiate the statutory elements of the cited offenses nor provide any basis for criminal proceedings against the Petitioner."
It was stated that Ashok Panwar had lodged a police complaint alleging that he saw an interview of two film actors i.e. Salman Khan and Shilpa Raj Kundra (petitioner herein) on T.V., wherein they used the word "Bhangi". It was said that the word allegedly hurt the sentiments of the people belonging to the Valmiki community. Basis thereof, the FIR in question was registered and an investigation ensued.
The court observed that statements made by Public figures are sometimes exaggerated by unknown persons from the public just to gain some media attention and no one can be held criminally liable as long as there is no malice or intent to harm.
" The high court further observed that imposing criminal liability for casual or non-malicious statements uttered years ago can lead to a chilling effect. The assertion that the community will "respond vigorously" appears hypothetical and does not establish a direct link between the statements and societal unrest.
The court ruled that in light of the absence of essential ingredients for offenses under Section 153A IPC, the failure to adhere to mandatory procedural requirements under Section 196 Cr.P.C., and the lack of applicability of the SC/ST Act, the FIR is patently illegal and deserves to be quashed.
In 2017, one Ashok Panwar lodged a police complaint alleging that he saw an interview of two film actors i.e. Salman Khan and Shilpa Raj Kundra on T.V., wherein they used the word "Bhangi". It was said that the word allegedly hurt the sentiments of the people belonging to the Valmiki community.
