Supreme Court to pronounce verdict against amendments in SC/ST Act by Monday

On Monday, the Supreme Court will give its judgement on the pleas challenging SC/ST  (Prevention of Atrocities) Amendment Act, 2018 which excludes any provision for anticipatory bail for a person of atrocities against SC/STs.

Supreme-Court-Verdict SC-ST-Act-Amendments Review-Petition-By-Centre

A Bench of Justices Arun Mishra, Vineet Saran and Ravindra Bhat will speak out the verdict on pleas challenging the Act.

Last Year in October, the bench had given a clue that it will uphold amendments made by the Centre in SC/ST Act to restore immediate arrest and ban anticipatory bail.

It observes, "We are not diluting any provisions, these provisions will not be struck down. Law should be as it was. They will be left as it was prior to the judgement on review petition and amendments in the Act.

The Supreme Court had also said it will also clarify that police can conduct an initial investigation before taking any action on a complaint under SC/ST Act, in case it is of prima facie view that complaints are false.

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In lieu of anticipatory bail, the judgment of the Constitution Bench passed earlier had held that anticipatory bail can be granted in cases where a prima facie case under the SC/ST Act is not made out, noted the Bench.

The apex court had remarked, the old provision would be restored stand in the light of the review judgment delivered on September 30, 2019.

By September 30 verdict, the three-judges bench of the SC had recalled its March 20, 2018 order, which dissolved the strict provisions of the SC/ST Act while restoring automatic arrest in such cases. It had also recalled order on the initial investigation by the police before the arrest.

However, by March 20, 2018 verdict, the two-judge bench of the apex court had held that there will be no automatic arrest on a complaint filed under the Act had also introduced anticipatory bail provision under the Act. The Centre had to move SC for a review petition and sought to review its order passed on March 20, 2018.

However, amendments in the Act by the Centre had made to overcome the top court's order diluting the provision of arrest under the law. The amendments provide that no preliminary inquiry would be required for registering a criminal case and an arrest under this law would not be subject to any approval. 

A bunch of pleas opposing amendments to the SC/ST Act were filed in the Supreme Court alleging that Parliament had "arbitrarily" decided to amend the law.
 


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