Guwahati: Journalist Dilwar Hussain's Arrest Stands Unlawful After SC Ruling

As outrage grows over the arrest of journalist Dilwar Hussain Mazumdar in Guwahati, a recent Supreme Court ruling has thrown a fresh legal twist into the debate. On Tuesday, the apex court made it clear that for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to hold, an alleged caste slur or offensive remark must be made in public view.

Granting anticipatory bail to Kerala-based accused Deepak Kumar Tala, the court ruled that the absence of a general public audience rendered the allegations against him legally weak— a condition that may cast serious doubts on the charges against Mazumdar.

A bench of Justices P S Narasimha and Manoj Misra ruled that a mere accusation of an insult, without it being made in public, does not fulfill the legal requirements of Sections 2(1)(r) and 2(1)(s) of the SC/ST Act. Citing its earlier judgment in Shajan Skaria Vs State of Kerala (2024), the bench noted that the FIR lacked any mention of public presence, making the charges unsustainable.

"Hence, an essential ingredient for attracting Sections 2(1)(r) and 2(1)(s) of the SC/ST Act, i.e., that such statement must be made within “public view”, as held by this court in Shajan Skaria Vs State of Kerala (2024) is prima facie not made out from the FIR," the bench said.

According to the FIR by Panbazar police station, he allegedly used “offensive and derogatory remarks” to a Scheduled Tribe individual, however, nowhere it is mentioned that the alleged remarks were made in public.

The verdict brings about a new debate in light of Mazumdar’s arrest, who was booked under similar provisions of the SC/ST Act. Mazumdar was arrested late Tuesday night after questioning Assam Cooperative Apex Bank’s Managing Director, Dambaru Saikia, over corruption allegations during a protest organized by Assam Jatiya Yuva Shakti.

Reports suggest that Mazumdar was invited inside the bank’s premises by Saikia, where he was allegedly intimidated, and his phone forcibly wiped of video footage. He later approached Panbazar police station to file a complaint against the MD but was instead detained for hours and subsequently arrested at 11:30 PM.

The charges against him—Sections 351(2)/3(1)(r) of the Bharatiya Nyaya Sanhita and the SC/ST (Prevention of Atrocities) Act—came as a shock, as they were unrelated to the primary focus on financial irregularities.

With the Supreme Court’s ruling fresh in the spotlight, Mazumdar’s arrest could potentially be deemed illegal. If at all he made the alleged remarks, in full public presence, then, as per the apex court's interpretation, the same must be mentioned in the FIR, which isnt the case here.

Moreover, his arrest has triggered a strong backlash from the journalist fraternity, with prominent media figures and the Guwahati Press Club condemning it as an assault on press freedom. Journalists, including Pranay Bordoloi, Sushanta Talukdar, and Afrida Hussain, gathered at the police station in solidarity, demanding his immediate release. The Guwahati Press Club has announced a protest on today (Wednesday), calling the arrest a "conspiratorial attack" on the media.

Also Read: Guwahati Journalist Questioned Apex Bank Corruption, Gets Arrested Under SC/ST Act Instead