When a politician or their legions hurl caste-laden abuses at a member of the Scheduled Castes (SCs) or Scheduled Tribes (STs) in a public place, the indignity assumes a graver dimension, said the Karnataka High Court.

Regrettably, the poison of caste sometimes finds expression even in the conduct of those who occupy positions of political power, though the Constitution has banished untouchability and promised equality, dignity and fraternity, the court observed.

Justice M. Nagaprasanna made these observations while refusing to discharge Sirajuddin alias Siraj Sheikh, former Congress MLA, from the charges of allegedly making repeated caste-based abuses against Bheema Naik, another Congress MLA, who belongs to an SC community, and his relative, at three different places during political gatherings in Hagaribommnahalli of Vijayanagara district.

Mr. Sheik had questioned the August 3, 2024, order passed by the special court of sessions for criminal cases against former and present MPs and MLAs, refusing to discharge him from the offences under Section 504 of the Indian Penal Code and under Section 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The case originates from a complaint filed on August 15, 2023, by Congress party worker Manjunath S.L., the nephew of Mr. Naik. The complaint alleges that Mr. Sheikh, due to political rivalry, used casteist and filthy language against the complainant and Mr. Naik in the presence of the public on August 12, 2023.

The incident began with a squabble over a flex banner — erected to welcome then Vijayanagar district in-charge Minister B.Z. Zameer Ahmed Khan — which allegedly did not feature Mr. Sheikh’s photograph. Following this, Mr. Sheikh is accused of hurling abuses at the victim and his family at multiple locations.

Rejecting arguments that the incident was not at a public place, the court pointed out that the alleged abuses were uttered at a political rally and other gatherings attended by members of the public while observing that a “political rally is one of the clearest illustrations of an act occurring within public view, as the very purpose of such a gathering is public communication”.

“Words spoken from a political dais travel beyond the person against whom they are directed; they reverberate through the gathering assembled before it,” observed Justice Nagaprasanna while pointing out that Mr. Sheikh has to face trial as there are audio-video recordings of the alleged incidents, which were certified by the Forensic Sciences Laboratory reports, besides having about 15 eye-witnesses.

Whether these evidences ultimately withstand cross-examination is a matter for the trial, not for a discharge application, the High Court said while dismissing Mr. Sheikh’s petition.

Published - August 15, 2026 07:10 pm IST