Supreme Court: In a special leave petition criminal challenging the Patna High Court’s order staying the investigation in a case wherein, the accused persons were accused of subjecting a female to allegations of witchcraft and also disrobing her, the Division Bench of CT Ravikumar and Sanjay Karol*, JJ. was aghast over the High Court’s order and directed the Trial Court concerned to take the matter on day to day basis.
The Court observed-
“Dignity goes to the very core of the existence of an individual in society. Any action which undermines dignity either by an act of another person or that of the State is potentially going against the spirit of the Constitution of India, which guarantees the security of all persons by ensuring that justice, liberty and equality are avouched for each and every person. By extension, if the dignity of a person is compromised, their human rights, available to them by virtue of them being humans and guaranteed by various enactments, both national and international, are imperilled.”
Background
A First Information Report (‘FIR’) was lodged pursuant to a complaint for offences under Sections , , , , , , , of the (‘IPC’) and Section and of the against 13 individuals. They attacked the complainant’s grandmother and accused her of practising witchcraft. They pulled her hair and tore her saree and blouse. The present witnesses saved her from being paraded semi-naked. The complainant also got injured while intervening in the fight and got himself treated at a Government hospital.
The Additional Chief Judicial Magistrate took cognizance of the incident. The Sessions Judge also declined to interfere with the order of cognizance. The accused persons preferred a criminal miscellaneous application under Section of the before the High Court. The High Court stayed the proceedings against the accused persons, till the pendency of application. Hence, the present petition.
Decision
The Court noted that the victim was not only accused of witchcraft but she was abused physically and verbally as well. Another person who was present amidst this incident was also disrobed, and her jewellery was snatched.
The Bench said that even though the petition before the High Court was withdrawn, it was aghast as to how the High Court, in its wisdom, saw it fit to grant a stay against proceedings qua the accused persons. The machinery (each and every person subjected to the criminal law of the country is taken to be innocent till proven otherwise) cannot be ground to a halt in such a callous and unreasoned manner. The Court explained that a total of circumstances both for and against need to be examined to check as to whether a prima facie case for stay is made out or not.
“The investigating and adjudicatory authorities must show sensitivity to the issues involved, awareness of the social situations, a sensitivity to emotions evoked by the circumstances at play and a consciousness for time being the essence of action and lastly, but arguably the most importantly the letter of the law and the balance of the scales of justice for the accused and the victim.”
Given that the State did not challenge the High Court’s decision, the Court expressed surprise as to why the State chose not to assail the non-speaking order of the High Court granting a stay in favour of the accused persons. The Court stated- State’s decision to litigate an issue should not depend on the benefit that may be derived either to the State exchequer or elsewhere but also should be reflected of its responsibility to protect, within its people the respect for the rule of law and justice for all.
The Court reiterated that the right to dignity forms part of the basic structure of the Constitution and the concept of dignity forms the very foundation of the Constitution and the rights enshrined in it. Referring to NCRBS’s report on witchcraft matters, the Court said that whatever the number may be, degrading incidents, each of them is a blot on the constitutional spirit. Those many persons were targeted and possibly exploited and abused on the basis of superstitions, conjecture and entirely unfounded beliefs which go against the scientific temper that each and every citizen of India called upon to foster within oneself and also within their own communities.
Hence, the Court directed that the matter be placed on the file of the District Court concerned to proceed in accordance with the law. The Trial against the accused persons shall proceed on a day-to-day basis. The accused persons shall appear before the Trial Court on 15-01-2025.
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