Supreme Court Upholds SC / ST Act Amendments: SC verdict, authorities modification appropriate, no anticipatory bail earlier than arrest

by Jeremy Spirogis

Supreme Court Upholds SC / ST Act: New Delhi : The Supreme Court on Monday upheld the constitutional validity of the SC / ST Amendment Act 2018. The court docket mentioned {that a} court docket can grant anticipatory bail solely on such circumstances the place prima facie no case is made.

A bench headed by Justice Arun Mishra mentioned that preliminary inquiry will not be required to register an FIR beneath the Act and the approval of senior police officer can also be not required. <! –

                 Another member of the bench, Justice Ravindra Bhat, mentioned in a concurring judgment that each citizen has to deal with fellow residents equally and encourage the idea of fraternity.

Justice Bhat mentioned that if prima facie no case is made beneath the SC / ST Act, a court docket can quash the FIR. This determination of the Supreme Court has come on public curiosity petitions difficult the SC, ST Amendment Act 2018. These petitions have been filed to quash the 2018 verdict of the court docket.

It is noteworthy that in March 2018, in view of misuse of SC-ST legislation, the court docket had routinely stayed the FIR and arrest provision relating to complaints obtained in it. After this, the legislation was amended to overturn the court docket order in Parliament.

Under this legislation, the availability of anticipatory bail for these accused of atrocities in opposition to SC-ST was scrapped. A bench of Justices Arun Mishra, Justice Vineet Saran and Justice Ravindra Bhatt gave their order after listening to the case. In October 2019, the bench indicated that it could uphold the Centre's amendments to the SC-ST Act to stop fast arrest and anticipatory bail.

The court docket had mentioned, 'We should not decreasing any provision. These provisions won’t be diminished. The legislation needs to be the identical because it was. They shall be dropped, because it was earlier than the assessment petition and the choice on amendments to the Act. The court docket had additionally mentioned throughout this time that it’s going to even be clarified that beneath SC-ST legislation, police can conduct a preliminary inquiry earlier than taking any motion on any criticism. If prima facie he finds the complaints false.

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