PREVIOUS
✖
SC & ST (Prevention of Atrocities) Act, 1989
October 2 , 2019
1798 days
985
0
- The Supreme Court “recalled” its directions in a “March 2018 verdict” regarding the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
- This was following a plea by the Centre seeking a review of that judgment.
- In 2018 it had effectively diluted provisions of arrest under the Protection of Civil Rights Act.
2018 Judgement
- Supreme Court diluted the SC and ST Act and allowed “anticipatory bail” to accused persons.
- It had also directed that the police should conduct a preliminary enquiry into whether a complaint under the law is “frivolous or motivated” before registering a case.
- Both conditions were “not” part of the original legislation.
Modified 2019 Order
- The review petition filed by Union Government was heard by the same bench of the Supreme Court.
- The bench recalled its earlier dilutions made in 2018.
- It agreed that Supreme Court can lay down guidelines “only” in cases of legislative gaps. Ex: Khap panchayath, lynching, etc.
- But when there is already a Parliamentary Legislation (like the SC & ST Act, 1989) the judiciary is bound by the text of law.
Name of the Case
- The judgements were delivered in “Subhash Kashinath Mahajan vs State of Maharashtra”.
Leave a Reply
Your Comment is awaiting moderation.