Kiran Raj

The Allahabad High Court has directed the Director General of Police, Uttar Pradesh, to submit a personal affidavit explaining the necessity of recording the caste of accused individuals in First Information Reports (FIRs) and police investigations. Justice Vinod Diwakar while hearing an application under Section 482 of the Criminal Procedure Code, seeking to quash criminal proceedings against the applicant has issued the above directive.

The petition was filed by the applicant who was facing allegations of fraud and illegal liquor trade under Sections 420, 467, 468, and 471 of the Indian Penal Code, along with Sections 60 and 63 of the Uttar Pradesh Excise Act., The applicant argued that he was falsely implicated in the case. According to the prosecution, the applicant was traveling in a vehicle from which the police recovered a significant quantity of liquor marked “for sale in Haryana only.” Upon further investigation, another vehicle was intercepted, leading to additional seizures. The prosecution contended that the applicant was part of an organized group smuggling liquor from Haryana to Bihar for profit, frequently altering vehicle number plates to evade law enforcement.

The case originated from an FIR registered at Jaswant Nagar police station in Etawah district. The FIR states that the police apprehended multiple individuals on the spot, including the applicant and four others. The applicant’s counsel pointed out that the FIR explicitly mentioned the caste of all accused individuals, a practice he argued was unnecessary and legally irrelevant.

The police investigation led to the seizure of 300 bottles of Royal Challenge Classic Premium Whisky and 60 bottles of Royal Stage Premium Whisky from two vehicles. The prosecution alleged that the liquor was smuggled from Haryana, where it was legally sold at a lower price, and transported to Bihar, where prohibition laws created a lucrative black market.

The applicant’s counsel submitted that his client was merely a co-passenger in the intercepted vehicle and had no role in the alleged crime. He further contended that there was no direct evidence linking the applicant to the illegal trade. The prosecution, however, maintained that the applicant was part of a network engaged in smuggling activities and that his arrest was based on credible intelligence and physical evidence.

The court examined the contents of the FIR and noted that it included references to the caste of each accused person. The judgment recorded:

"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 observed that the practice of recording caste in FIRs and investigation reports raises concerns regarding institutional bias and the reinforcement of stereotypes. It noted that such references may have no legal necessity and could inadvertently contribute to systemic discrimination. The judgment further stated:

"This requirement comes amid growing concerns over institutional bias, the potential for reinforcing stereotypes, and the risk of prejudicial treatment against marginalized communities. At the same time, the Constitution guarantees the abolition of caste-based discrimination in India, emphasizing equality, dignity, and impartial justice for all citizens."

The court referred to precedents set by the Supreme Court, which has disapproved of mentioning caste and religion in legal pleadings. The judgment stated:

"The Supreme Court has also deprecated the practice of mentioning caste and religion in the pleadings, recognizing that such references serve no legal purpose and may perpetuate discrimination. Hence, the affidavit shall address whether such reference to caste serves any legal necessity or inadvertently perpetuates systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice."

The court directed the Director General of Police, Uttar Pradesh, to submit a personal affidavit before the next date of hearing, clarifying the legal and administrative rationale for mentioning caste in FIRs. The affidavit is expected to address whether such references serve any investigative purpose or contribute to social discrimination.

Additionally, the court instructed the Registrar (Compliance) to ensure immediate communication of the order to the Director General of Police for necessary action. The case is scheduled for further hearing on March 12, 2025.

Advocates Prashant Sharma and Surendra Pratap Singh appeared on behalf of the petitioner.

The State of Uttar Pradesh was represented by the Government Advocate.

Case Title: Praveen Chetri v. State of U.P. and Another
Case Number: Application U/S 482 No. 31545 of 2024
Bench: Justice Vinod Diwakar

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