The special court in its decision regarding fake cases gave necessary instructions to Lucknow Police Commissioner and District Magistrate, relief amount will be given to the victim only after the charge sheet is sent
Lucknow- The Special Court for SC/ST Act cases in the capital of Uttar Pradesh has given strict instructions to Lucknow Police, expressing deep concern over the increasing number of fake cases related to atrocities and rape. The court said that in such cases, the old FIRs of those who repeatedly complain should be mandatorily mentioned, so that fake complaints can be curbed.
This decision came in the case of lawyer Parmanand Gupta, who had filed a false gangrape case using a Scheduled Caste student Pooja Rawat to implicate two innocent brothers in his wife’s property dispute. The court sentenced Gupta to life imprisonment, as well as advised the police and district administration to use AI tools to deal with fake cases. This decision was pronounced by Special Judge Vivekanand Sharan Tripathi on August 19, 2025, which indicates a tough stand on the misuse of protective laws.
The SC/ST Act was made for the benefit of such sections of the society in this country, who suffer from atrocities on the basis of caste by persons of non-SC/ST caste. The purpose of this Act was also to punish the oppressors who commit atrocities against such Scheduled Caste/Scheduled Tribe sections, so that atrocities against SC/ST in the society end and social harmony increases.
Special Court, SC/ST Act
Court’s concern: Fake FIRs threaten the justice system
The court in its decision expressed serious concern over the flood of fake cases related to SC/ST Act and rape. The judge said that false complaints in such cases not only harass the innocent but also undermine the credibility of the real victims. In the judgment, the court said, “The SC/ST Act was made for the benefit of such sections of society in this country, which suffer from atrocities by non-SC/ST caste people on the basis of caste. The purpose of this Act was also to punish the perpetrators of atrocities against such SC/ST classes, so that atrocities against SC/ST in the society end and social harmony increases and the dignity of the person mentioned in the Preamble of the Indian Constitution, brotherhood among all the people of India and unity and integrity of the nation can be ensured.”
“On the other hand, when criminals like Parmanand Gupta start misusing this Act, then the members of non-SC/ST class, such as backward and upper castes, develop animosity against SC/ST caste people of the society that they are being implicated in false cases without any basis. In a way, this misuse of the Act in the long run, harms the dignity of the person mentioned in the Preamble of the Indian Constitution, brotherhood among all the people of India and unity and integrity of the nation. It also harms the mutual brotherhood and the unity and integrity of the nation. Therefore, this court is of the view that there is no need to show any mercy towards such criminals. If drops of sour substances are not stopped from falling in the ocean full of milk, then those drops will spoil and destroy the milk of the entire ocean. Similarly, if an advocate like Parmanand Gupta is not stopped from entering and practicing in the courts by this court, the Hon’ble High Court and the Hon’ble Supreme Court and the Bar Council of India and the Bar Council of UP for committing rape, gang rape and misuse of SC/ST Act, then the public’s faith in the Indian judiciary will be seriously shaken.”
Mention of old complaints is mandatory
In the decision, the Lucknow Police Commissioner was directed that in the FIR of a person or woman who repeatedly complains of rape, gang rape or under the SC/ST Act, their previous complaints should be mentioned compulsorily. The court said that it should be written as a comment in the FIR that how many times the complainant has lodged such FIRs or given applications in the IGRS portal / police station.
This information should also be given when information is sought from the police in cases of FIRs being lodged through the court under Section 173 (4) BNSS. The court advised to use Artificial Intelligence Tools (AI Tools) so that fake cases can be easily identified. These instructions have been given to prevent fake FIRs and save the innocent.
Curb on relief amount: Order to stop compensation in fake cases
The court directed the District Magistrate, Lucknow to immediately withdraw any relief amount given to Pooja Rawat in Crime No. 40/2025. The judgment said that the relief amount under SC / ST Rules 1995 (10% to 25% at FIR level and 50% on charge sheet) should now be given only on receipt of charge sheet in lump sum, and not on mere registration of FIR.
The court said: “The precious money and hard earned money of the taxpayers should be given as compensation to the miscreants who file false FIRs. The provisions of the relief amount made in the schedule Annexure-1 have been given in a graded and phased manner, when a prima facie case is made out, so that on giving a lump sum amount to a person of Scheduled Caste/Tribe, the victim of SC/ST Act may not become a victim of any other crime or violence by the accused who committed atrocities because of the relief amount. Therefore, using the powers prescribed under section 15A (7) of SC/ST Act, the District Magistrate, Lucknow is directed that the relief amount which is made available to the victim on filing of First Information Report for relief amount under SC/ST Atrocities Prevention Rules 1995, respectively (from 10 percent to 25 percent) and 50 percent at the stage of sending the charge sheet, all that amount should be given in lump sum, at the time of filing the charge sheet. This should be provided at the stage of sending the letter and not at the stage of filing the FIR.
If such relief amount is given at the stage of filing the FIR, then the tendency of filing fake FIRs by misusing the provisions of the special act SC/ST Act is increasing rapidly. Before the chargesheet, only medical, food or as per section 15A (11) of the SC/ST Act, assistance should be provided to the victims of atrocities and their dependents in the form of goods, food, water, clothes, shelter, medical aid, transport facility, maintenance, security etc. By stopping the provision of cash assistance at the stage of filing the FIR, the problem of filing fake FIRs by the misusers of the law and implicating the innocent and the pending cases under the SC/ST Act can be curbed. In the cases where after filing the FIR, after investigation by the investigating officer, the final report (FR) has been sent due to the prima facie case not being made out, no compensation should be given to the victim until After hearing the plaintiff, the court should not summon the opponent for trial as an accused. If the final report is accepted, then no compensation should be given to the victim merely because an FIR was lodged, so that this Act can be implemented in its true letters and spirit.” These instructions are to prevent misuse of compensation in fake cases, because in such cases the relief amount becomes the main temptation. Parmanand Gupta case is a precedent for false cases Parmanand Gupta got more than 30 fake cases registered in the name of Pooja Rawat, in which SC/ST Act and rape sections were misused. Pooja testified that Gupta made false cases using her documents and promised to give her a share of the government compensation. The court also mentioned 18 personal cases of Gupta, where he got cases registered by accusing himself of attack. The Allahabad High Court had ordered a CBI probe into 11 cases of Gupta, saying: “The complainants and their lawyers are in collusion… to lodge false FIRs for serious offences only to extort money.” The court called Gupta a “stain on the justice system” and said such lawyers bring disrepute to the bar. The judgment said Gupta implicated many enemies by pressurising Puja, thereby increasing social animosity. The court directed the UP Bar Council to bar Gupta from practising. The verdict is an attempt to curb the flood of fake cases that are weakening the justice system.
Geetha Sunil Pillai
Courtesy : Hindi News