Tuesday, May 11, 2021
Home News Reports SC stands by its judgement on SC/ST Act, says the rights of the innocent...

SC stands by its judgement on SC/ST Act, says the rights of the innocent must be protected too

The Supreme Court of India has stated that its order on March 20, which provided safeguards against the misuse of the stringent SC/ST (prevention of atrocities) Act, is only meant to protect the innocent and prevent arbitrary arrests of innocents.

Pronouncing verdict in the case of Dr Subhash Kashinath Mahajan versus the State of Maharashtra & others, the Supreme Court had ruled that additional safeguards must be provided to civil servants before arresting them under the SC/ST (prevention of atrocities) Act. The Court has stated that the approval of an appointing authority or an S.S.P is required before arresting a public servant accused under the act.

The Supreme Court, in its order, has also mentioned that to avoid false implications, a preliminary enquiry by the DSP must be conducted to find out whether the charges are correct.

courtesy: livelaw.in

The central government had filed a review petition before the apex court for this ruling. According to reports, the Supreme Court, while on an urgent hearing on a plea by the central government for an interim stay on the order, refused to agree to the request.

The bench of Justices Adarsh Kumar Goel and Uday Umesh Lalit stated  “The judgment is not in conflict with the SC/ST Act. It does not dilute the law in any way. We only flagged one issue – can the liberty of an innocent be taken away without application of mind? We only said protect an innocent from being falsely implicated under the Act, which has stringent provisions. People agitating may not have read the judgment. They may have been misled,”

The bench also added that there should be no denial of the relief and compensation to people belonging to the SCs and STs and their rights. But an innocent person’s rights must also be protected.

Going further, the bench added that the March 20 judgement applies only to the complaints registered under the SC/ST Act and if any offences committed under the act also violates laws under the Indian Penal Code, then there is no ban on immediate registration of an FIR.

Justice Goel, who authored the verdict, said that the verdict is a ‘balance’ between the rights of a Dalit and the rights of an innocent person. Addressing to the Attorney General K K Venugopal, Justice Goel added that the preliminary inquiry which is mandated in the Supreme Court verdict before an arrest is not meant to delay the grant of compensation mandated under the SC/ST Act. Justice Goel added that grant of money from the public exchequer should be preceded by verification against false claims and this ‘preliminary enquiry’ serves that purpose.

According to reports, at one point Justice Goel even questioned KK Venugopal that how would the Attorney General function if he is accused falsely by a person under the SC/ST Act.

The bench had agreed to list the case for further hearing after all the parties involved have filed written submissions before the court.

Widespread violence had erupted across several states after Dalit groups called for a Bharat Bandh on April 2nd in protest of the Supreme Court order. The bench termed the protests as ‘ill-informed’ and ‘misled’. The Justices stated that the people agitating might not have read the judgement in detail.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

reader, writer, dreamer, no one

Related Articles

Trending now

Cartoonist gets Twitter notice for a caricature of Maharashtra CM Uddhav Thackeray: Details

The cartoonist took to Twitter to share the copy of the notice he received from the legal department of the microblogging website.

Class privilege at its worst: Farhan Akhtar defends receiving vaccine at center where only senior citizens and specially abled above 45 are eligible

Farhan Akhtar announced that he had received his first Covid-19 vaccine dose at the Andheri Sports Complex in Mumbai.

Twitter restores official handle of Lieutenant Governor office of Jammu and Kashmir Manoj Sinha after govt steps in

The spokesman for the Government of India has said that the account has been suspended due to some technical issues

The Liberal ‘Ummah’: How the community stays quiet when one of them is a rapist

This is how the liberal ‘ummah’ works. They will look out for each other even if it goes against everything they claim they stand for.

Dogecoin: All you need to know about the cryptocurrency based on a meme

On crypto data tracker CoinGecko.com, Dogecoin jumped more than 800% over the last month and is now the fourth-largest digital currency, with a market capitalization of $73 billion.

How the Army rose to the occasion to help the nation fight COVID-19, but once the crisis is over, a Herculean task awaits the...

The Indian army is currently running three major hospitals in Delhi, two of them dedicated to COVID-19, but once the crisis is over, a task awaits

Recently Popular

As Netizens trend #ArrestMunmunDutta, the actor apologises, says she was misinformed and did not intend to use casteist slur: Details

Actor Munmun Dutta, most famously known for playing the character of 'Babita Ji in 'Taarak Mehta ka Ooltah Chasmah', today posted a statement on Twitter, apologising

BMC chief explains why it is not the Modi govt but the states that need to be blamed for the oxygen crisis

BMC chief said that mismanagement of states is responsible for the oxygen crisis and increased number of SOS calls

Yogendra Yadav was aware of the rape of a woman by AAP leaders at the Tikri border ‘farmer’ protest site: Report

A report published in Dainik Bhaskar says that Yogendra Yadav was intimately aware of the sexual assault of a woman at the Tikri protest site and yet he remained tight-lipped about the incident

Iran: 20 year old youth Alireza Fazeli Monfared beheaded by half brother, cousins for being gay

Alireza Fazeli Monfared, a 20 year old Iranian youth, was murdered by his brother and cousins due to his sexual orientation.

‘Dominance of one religious group cannot prevent religious celebrations of other’, says Madras HC after local Muslims object to Hindu procession

The Madras High court concluded that similar acts of 'resistance' by other religious groups would result in loss of lives, destruction of properties, riots, religious fights and chaos.

Twitter restores official handle of Lieutenant Governor office of Jammu and Kashmir Manoj Sinha after govt steps in

The spokesman for the Government of India has said that the account has been suspended due to some technical issues
- Advertisement -


Connect with us