The High Court of Rajasthan in a standing order directed not to incorporate caste of any person including accused in any judicial or administrative matter.
The notification further stated “it has been observed that the caste of accused and other persons is being incorporated by the officers/officials of Registry of this Court and Presiding Officers of Subordinate Courts/Special Courts/Tribunals in judicial and administrative matters, which is against the spirit of Constitution of India and not in consonance with the directions of Hon’ble Rajasthan High Court issued vide order dated 04.07.2018 in S.B. Cr. Misc. Appl. No.376/2018.”
In July 2018, a bench presided by Justice Sanjeev Praksah Sharma while hearing a bail petition of an accused observed that “an individual should be identified by his parentage and not by his caste.” In this case the accused named Bishan despite having been granted bail by the High Court was not released for five days by the jail authorities because his caste on the order appeared different from that mentioned in the police arrest memo.
In an order which was passed earlier this month by the Rajasthan HC wherein Court refused to hear matter which was conducted through video conferencing as lawyer who appeared was wearing vest. When the order was uploaded it was seen that his caste appeared on side by his name.
Following which, An Advocate has written a letter addressed to the Chief Justice of India complaining in this regard highlighting the deep rooted caste prejudices incorporated in a judicial order. Urging the Chief Justice to abolish such practices, the advocate Advocate Pai said that such practices were against the principle of equality incorporated in the Indian Constitution.
-India Legal Bureau