MERE DETENTION OF A BODY OF A DECEASED BELONGING TO A SCHEDULED CASTE DOES NOT CONSTITUTE AN OFFENCE UNDER THE SC/ST ACT

The Bombay HC granted pre-arrest bail to hospital employees booked under the SC/ST Act for allegedly detaining the body of the complainant's relative. The bench of Justice Sandeep k and Shinde noted that the body was detained due to unsettled hospital bills. The bench said that mere detention of a body does constitute an offence under the SC/ST Act.  In the instant case, In order to constitute an offence under the Act, the body of the deceased should have been detained because it belonged to the scheduled caste. 

Facts

The deceased was the maternal uncle of the complainant and was suffering from covid. The hospital authorities asked the complainant to clear the pending bills. The complainant alleged that undue demand was made and detained the dead body. 

The complainant registered FIR against the hospital employees under various penal code sections and SC/ST Act.  Apprehending their arrest, the employees sought pre-arrest bail before the Special Judge (Atrocity Act); however, they moved to the High Court when they were declined. 

Held

The FIR reveals that the body was handed over after the intervention of the Revenue officer. The circumstances reasonably reveal that the body was detained due to unsettled bills. Nowhere it implies that the body of the deceased was detained because it belonged to Scheduled Caste. 

Author: Papiha Ghoshal