Scheduled Tribe - The Legal Chamber

The Supreme Court held that Section 18 of the SC/ST Act creates a statutory bar against granting anticipatory bail when a prima facie case under the Act is made out from the FIR. The court's role at this stage is limited to verifying the FIR's averments and cannot extend to a mini-trial or appreciation of evidence. The High Court erred in disregarding this bar. Facts Of The Case: The complainant, belonging to the "Mang" Scheduled Caste community, lodged an FIR alleging that on 25.11.2024, the accused, Rajkumar Jain and others, confronted him outside his home. The accused were angered because the complainant had not voted for their candidate in the recent assembly elections. They verbally abused the complainant using the casteist slur "Mangtyano," beat him with an iron rod, and threatened...

The Supreme Court held that pre-Independence documents carry greater probative value for caste claims and that the affinity test is not a litmus test. It cannot be the sole basis for rejection, especially given modernization and assimilation. The Court emphasized that such claims must be evaluated primarily on reliable documentary evidence. Facts Of The Case: The appellant, Yogesh Madhav Makalwad, sought admission to a medical college based on a caste certificate claiming he belonged to the Scheduled Tribe community of Koli Mahadev. His claim was supported by historical documents, including the 1943 school record of his grandfather, which explicitly mentioned the caste as Koli Mahadev. Subsequent school records from 1975 and 1979 for his father and uncle, as well as his own school record...