The Allahabad High Court recently directed the Uttar Pradesh Director General of Police (DGP) to explain the need to mention the caste of suspects or others in First Information Reports (FIRs) [Praveen Chetri v. State of UP and Another]..Justice Vinod Diwakar highlighted the concerns of institutional bias and the risk of prejudicial treatment against marginalised communities.“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 ordered..The judge added that the Constitution guarantees the abolition of caste-based discrimination in India, emphasising equality, dignity and impartial justice for all citizens.He also said that the Supreme Court has deprecated the practice of mentioning caste and religion in pleadings, recognising that such references serve no legal purpose and may perpetuate discrimination.“Hence, the affidavit shall address whether such reference to caste serve any legal necessity or inadvertently perpetuate systemic discrimination, contradicting constitutional values and judicial precedents promoting social justice,” the Court ordered in an order passed on March 3..The Court was hearing a petition seeking quashing of a case registered by Etawah police in 2023 under various provisions of the Indian Penal Code and Excise Act.The petitioner, an accused in the case, was a co-passenger in a car from which the police in 2023 recovered 106 bottles of whisky marked "for sale in Haryana only". His interrogation allegedly led to the interception of another car from which 237 bottles of whisky were recovered.It was the prosecution’s case that 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 vehicles..After reading the FIR, the Court found that the castes of all the accused were mentioned. It thus sought an explanation from the DGP and listed the matter for hearing on March 12.Advocates Prashant Sharma and Surendra Pratap Singh represented the accused..[Read Order]
