While dismissing the plea, SC Bench stated that,”He has to prove during the that he had not talked to the woman over the phone from a public place”.
Supreme Court has expounded that using the casteist remarks over the phone in a public place against Scheduled Caste and the Scheduled Tribe category amount to the criminal offence warranting a jail of a maximum five years.
Apex Court Bench refused to stay the criminal proceedings and quash an FIR lodged against a person, who allegedly used the expletive and derogatory casteist remarks over the phone to a woman belonging to the SC/ST category.
Supreme Court Bench comprising of Justice J Chelameswar and Justice S Abdul Nazeer declined to interfere with August 17 order of Allahabad HC which had rejected a plea of a Uttar Pradesh native, seeking quashing of FIR lodged against him by a woman.
While appearing on behalf of the Accused, Advocate Vivek Vishnoi submitted that at the time of the conversation both then woman and his client were in the different cities and it could not be stated that it was in public view.
He further submitted the issue involved in Petition was that whether a private conversation on the mobile phone between the two individuals can come within ambit of expression “within the public view”.
But Supreme Court Bench, refused to agree with the contention and enunciated that it was only by trial that the accused could prove if he was talking on phone in the public view or not.
Allahabad High Court had on August 17,2017 dismissed his plea for quashing of the FIR and stay of the criminal proceedings against him stating that it was not advisable to adjudge whether the case shall ultimately end in conviction or not.
Source - ptinews.com