Raising significant concerns about institutional bias and the potential for reinforcing stereotypes, the Allahabad High Court has questioned the mention of an accused’s caste in an FIR. On Monday, the Court directed the Director General of Police (DGP) of Uttar Pradesh to submit a personal affidavit justifying this practice and explaining its relevance during police investigations.
A bench led by Justice Vinod Diwakar emphasized the risk of prejudicial treatment against marginalized communities and sought an explanation regarding the necessity of such mentions in police records.
“The Director General of Police 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's order stated.
The Court pointed out that the Constitution of India explicitly guarantees the abolition of caste-based discrimination. Furthermore, the Supreme Court has previously criticized the practice of mentioning caste and religion in legal pleadings. The High Court underscored that the affidavit from the DGP should clarify whether such references serve a legitimate legal purpose or inadvertently perpetuate systemic discrimination, which would contradict constitutional values and judicial precedents aimed at promoting social justice.
Background of the Case
The Court was addressing an FIR quashing plea filed by Praveen Chetri, who is accused under various sections of the Indian Penal Code, including Sections 420, 467, 468, and 471, as well as 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 the leader of a gang that procures liquor from Haryana and illegally sells it in Bihar at inflated prices. The police claim that the gang frequently changes vehicle number plates to evade detection during transit.
Upon reviewing the FIR, the Court observed that law enforcement officers had mentioned the caste of all the accused individuals. This raised concerns regarding the necessity of such a practice and its potential implications. Consequently, the Court has directed the UP DGP to provide a clear justification for this inclusion in the FIR.
The matter is scheduled for its next hearing on March 12, 2025.
Case Title: Praveen Chetri vs. State of U.P. and Another
