City
Epaper

3-judge Bench to hear SC/ST Act order review plea on Wednesday

By IANS | Published: September 17, 2019 3:06 PM

A three-judge bench will on Wednesday hear the Centre's plea seeking recall of its 2018 judgment, which virtually diluted the stringent provisions of immediate arrest and no anticipatory bail for the accused on a complaint filed under the SC/ST (Prevention of Atrocities) Act.

Open in App

The plea will be heard be a three-judge bench comprising Justices Arun Mishra, M. R. Shah and B.R. Gavai.

The Supreme Court on Friday referred the Centre's plea seeking recall of its 2018 judgment, which diluted the stringent provisions of immediate arrest and no anticipatory bail for the accused on a complaint filed under the SC/ST (Prevention of Atrocities) Act, to a larger Bench.

The Centre stated that the judgment diluting the stringent provision of the SC/ST (Prevention of Atrocities) Act and stating that arrest on a complaint under the law was not mandatory had "seriously affected their (SC/ST) morale and confidence in the ability of the state to protect them".

Article 21, which guarantees protection of life and personal liberty, says: "No person shall be deprived of his life or personal liberty except according to procedure established by the law."

While ruling that there would be no mandatory arrest of an accused on a complaint under the SC/ST (Prevention of Atrocities) Act, the apex court by its March 20 judgement had directed "...in absence of any other independent offence calling for arrest, in respect of offences under the Atrocities Act, no arrest may be effected" without the permission of appointing authority in case of public servant or that of Senior Superintendent of Police in case of general public".

The court had said it was providing the safeguard "in view of acknowledged abuse of law of arrest" under the Act.

"It's necessary to express concern that working of the Atrocities Act should not result in perpetuating casteism, which can have an adverse impact on integration of the society and the constitutional values," it said.

( With inputs from IANS )

Tags: centreArun MishraThe Supreme Court
Open in App

Related Stories

Maharashtra'Centre Tricking Us': Maharashtra Onion Farmers Say Export Embargo Not Lifted, Old Figures Presented To Mislead

MaharashtraExplained: Why Did Centre Lift Ban On Onions Export Ahead Of Voting In Key Maharashtra Seats?

NationalManipur’s Situation Improved Due to Centre’s Timely Intervention, Says PM Modi

MaharashtraSharad Pawar Criticizes Centre for Failure to Double Farmers Income by 2024

NationalCentre Raises MSP of Raw Jute by Rs 285 per Quintal for 2024-25 Season

National Realted Stories

NationalIANS interview: Not politicising but amplifying voices of victims who suffered at hands of Prajwal Revanna, says K'taka CM Siddaramaiah

NationalHyderabad: Live Cockroaches in Ice Cream Storage, Fungal Infected Carrots Found in Popular Eateries (See Pics)

NationalINDIA bloc mired in controversies since formation: UP CM

NationalBihar: Anant Singh released from jail on parole

National1.5 lakh students to appear for NEET in Tamil Nadu today