India
YouTuber seeks Delhi HC review of anticipatory bail denial in SC/ST case
Ajit Bharti, a social media influencer, has appealed a Delhi trial court's denial of anticipatory bail in a SC/ST Act case. The court found prima facie evidence of an offence under Section 3(1)(r). The case involves alleged casteist remarks during a programme. The trial court clarified its observations were limited to

Ajit Bharti, a social media influencer and YouTuber, has approached the Delhi High Court to challenge a trial court's denial of anticipatory bail in a case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The trial court, on September 7, dismissed Bharti's application, citing prima facie evidence of an offence under Section 3(1)(r) of the Act. The court also noted that Section 18 of the Act barred the grant of anticipatory bail in such cases.
The case stems from alleged casteist remarks made by Bharti during a programme aired on social media. A complainant alleged that the remarks were derogatory towards members of the Scheduled Caste community. Bharti argued that the allegations did not constitute an offence under the SC/ST Act, emphasizing that the remarks should be considered in their overall context and that custodial interrogation was unnecessary since the material was already in the public domain. The State and the complainant opposed his application, leading to the trial court's rejection.
The Delhi High Court's intervention follows the trial court's order, which explicitly stated that its observations were confined to the disposal of the anticipatory bail plea and should not be interpreted as an opinion on the merits of the case. The court also emphasized that the trial court handling the matter would not be influenced by the bail order, and Bharti remains free to pursue legal remedies if circumstances change.
The case highlights the legal complexities surrounding the interpretation of the SC/ST Act, particularly in cases involving online content and public discourse. The trial court's decision to deny anticipatory bail underscores the seriousness with which the law treats allegations of caste-based discrimination, even in the context of social media.
The legal proceedings raise questions about the balance between free speech and the protection of marginalized communities under the SC/ST Act. While Bharti's legal team argues that the remarks were contextual and not inherently offensive, the complainant's allegations suggest a violation of the Act's provisions. The outcome of the Delhi High Court's review could set a precedent for similar cases involving online speech and caste-related offences.
What remains unknown is the full context of Bharti's remarks and the specific nature of the alleged derogatory content. The trial court's decision to find a prima facie case under Section 3(1)(r) indicates that the material presented was sufficient to warrant further investigation, but the details of the content and its impact on the Scheduled Caste community are not disclosed in the available evidence. The case continues to unfold as the Delhi High Court considers Bharti's appeal.