Sep 20, 2019

Supreme Court notifies Three Judge Bench to Hear Govt’s SC/ST Act Review Petition-Suvigya Jain Singhi

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The Central Government’s review Request against The Supreme Court’s judgment diluting provisions of SC/ST (Prevention of Atrocities) Act, 1989 was notified.

The matter will now be heard by a bench Justice Arun Mishra, Justice MR Shah, and Justice Bhushan Gavai.

The notice regarding the same has been released on the site of Supreme Court of India.

A bench comprising of Justice Arun Mishra and Justice UU Lalit passed an order referring the matter to a three-judge Bench.

In 2018, the Supreme Court had introduced safeguards to prevent abuse of their SC/ST Act against those officers that manage the complaints below the Act within their official capacity.

The Apex Cout in its arrangement had held the prior sanction of The appointing authority is needed for prosecuting officers for actions done by them concerning the SC/ST Act within their official capacity.

Discussing Section 18 of this Act, which prevents the grant of anticipatory bail in complaints under the Act, the Court held,

“There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.”

Although the judgment attracted backlash in the SC/ST Community. Widespread protests being held throughout the country requiring reversal of the decision.

The A review petition then filed against the ruling.

In the midst of all these, Parliament in Aug 2018, brought in an amendment to the SC/ST Act adding additional provisions that effectively reversed the impact of the Supreme Court’s conclusion.

Assessing the petition, Court had stated while passing the contentious judgment that it had only reiterated the law of arrest. It’d refused to keep its conclusion.

The petition assails the”random manner” in which The Centre shifted the instructions issued from the SC/ST judgment by the Court “after examining all the relevant facts and data” on the Act.

Author- Suvigya jain singhi is Charismatic and energetic legal advisor with eight years of career experience in business and legal environments.

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