Assam Congress Leader's Arrest: Justified Under SC/ST Act?

"These culprits got (the) punishment they deserved. But what about Assam BJP's rape accused Ministers and MLAs like Manab Deka, Ex Party President Bhabesh Kalita, ex Minister Rajen Gohain? Is (the) law equal for all?"This, along with another post on social media platform X, led to the arrest of Assam Congress spokesperson Reetam Singh from his residence in Guwahati on 15 March. Singh was booked under charges of defamation under the Bharatiya Nyay Sanhita (BNS) and offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.The FIR against him was registered at the North Lakhimpur police station on the basis of a complaint filed by Manab Deka's wife Raajashree Deka.Singh's arrest has sparked a political storm in Assam.While the state Congress unit and lawyers familiar with the case argued that the arrest is 'baseless' and 'politically motivated', BJP backed police action stating that the matter involves complaint filed by a Dalit woman. To find out more, The Quint reviewed copies of the complaint filed by Deka's wife, the subsequent FIR, and the notice of information on the grounds of arrest provided by the police to the accused.Himanta At It Again: Assam CM's 'Infiltrator' Speeches Get Shriller in JharkhandRaajashree Deka, who belongs to the Dalit community, alleged in her complaint to the officer-in-charge of the North Lakhimpur Police Station that Singh — in his post on X — made "false, defamatory, and humiliating statements" against her husband and her late father."Reetam Singh falsely alleged that my husband Manab Deka is a rapist despite no legal or judicial determination for such a claim. This malicious and baseless accusation has severely defamed my late father's reputation and our family honour," Raajashree claimed in the complaint. She further alleged that Singh "indirectly" suggested that her Late father "knowingly chose a rapist as his son-in-law and helped him become an MLA." She also accused Singh of using caste- and gender-based stereotypes against her, a woman belonging to the Scheduled Caste.Raajashree's accusations are based on another post by Singh, which has since been deleted from X.The Quint has seen an archived version of the post but is refraining from reproducing it in this report following Raajashree's allegations of it being defamatory in nature. Among the BJP leaders named by Singh in his post, Rajen Gohain, former minister of state in the Narendra Modi Government, did have a registered case of sexual assault in 2018. In 2019 though, the Guwahati high court had quashed those charges against Gohain after the complainant changed her previous statement. Following Raajashree's complaint, an FIR was registered against Singh under the following sections:Section 356 of BNS (defamation)Section 67 of the IT Act (punishment for publishing or transmitting obscene material in electronic form)Multiple sections of the SC/ST Act, 1989Lawyers familiar with Singh's case, while speaking to The Quint, questioned the grounds of arrest. "Defamation is a charge tried by summons and not arrest, SC/ST act does not apply in this situation because the concerned MLA's wife and not he, himself comes from the SC community," they said.The police, in a memo on the grounds of arrest, claimed that the accused committed a cognisable crime and if not arrested, is likely to "threaten" the complainant and her husband. "Since the arrested accused person is from a very strong social and economic background, and holds an influential position, if not arrested he might threaten/influence the complainant and more importantly her husband Manab Deka, who is an elected representative," the memo said. While speaking to The Quint, the Leader of Opposition in the Assam Assembly, Debabrata Saikia, questioned the police's reasoning."Who is more influential? A sitting MLA or a spokesperson from the Opposition?" he asked. The police, in the memo on ground of arrest, further claimed that if not arrested, the accused "will have access to documentary evidence against him and he might tamper the same." They also claimed that if the accused is not arrested there are "chances of communal violence." "Since it is an alleged serious crime trying to defame and malign the image of Scheduled Castes, there is a possibility of the involvement of other accomplices. Therefore, the arrest is required in order to thoroughly interrogate the accused," the memo added. Explained: What Is the Subsidy Scam Involving Assam CM Himanta Biswa's Wife?A Lakhimpur Court, on 17 March, denied bail to Singh and has sent him to judicial custody. Meanwhile, Assam Chief Minister Himanta Biswa Sarma backed police action in the case. "Sir, this case pertains to a caste-based insult directed at a Dalit woman. If you justify calling the husband of a Dalit woman a rapist as a ‘perfectly reasonable’ social media post, it speaks volumes about the direction in which you people have taken the Congress party," Sarma wrote on X. He was responding to senior Congress leader Jairam Ramesh who called Singh's post "perfectly reasonable" while calling out the Assam police over his arrest. Jorhat MP Gaurav Gogoi also took to X to express his support for Singh. Congress Submits Complaints To EC Against Amit Shah, Himanta Biswa Sarma

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Does Assam Congress Leader’s Post on BJP MLA Justify Arrest Under SC/ST Act?

On why SC/ST Act was invoked, the BJP MLA claimed that the post “affected” his wife, who is from the SC community.

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Topics: Assam Assam Police Himanta Biswa Sarma