By Rajesh Pandey
Raising serious concerns regarding the mention of the accused’s caste in an FIR, the Allahabad High Court has directed the Uttar Pradesh state’s director general of police (DGP) to submit a personal affidavit justifying the inclusion of caste information in the FIR and its relevance during the police investigation.
Justice Vinod Diwakar also sought an explanation as it noted that there is a growing concern over institutional bias, the potential for reinforcing stereotypes, and the risk of prejudicial treatment against marginalized communities.
“The DGP is directed to file a personal affidavit, before the next date of hearing, justifying the requirement and relevance of mentioning the caste of a suspect or a group of persons in an FIR or during a police investigation in a caste-ridden society, where social divisions continue to influence law enforcement practices and public perception,” the court observed.
The court also stressed that while the Constitution guarantees the abolition of caste-based discrimination in India, the Supreme Court has also deprecated the practice of mentioning caste and religion in the pleadings.
Hence, the court added that the DGP’s affidavit shall address whether such reference to caste serves any legal necessity or inadvertentlyperpetuatese systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice.
The court was essentially dealing with an FIR quashing plea filed by one Praveen Chetri, who has been booked under Sections 420 (cheating) and other sections of IPC read with sections 60/63 of the Excise Act.
The case pertains to an alleged liquor smuggling operation in the district of Etawah. According to the prosecution, the applicant is a gang leader who brings liquor from Haryana and sells it in Bihar at higher prices for profit while frequently changing the number plates of their vehicles during transit.
Perusing the FIR, the Court had noted that the police apprehended and subsequently arrested certain people, including the applicant, on the spot, and the caste of all the accused has been mentioned in the FIR. Undero which, the affidavit of the UP DGP has been sought.
The court, in its order dated March, directed to hear this case as fresh on March.