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

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.

- Advertisement - - article resumes -

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.

Help Us Reach Every Indian, Please Share This Post
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Big Story

80 doctors at the RG Kar Medical College and Hospital in Kolkata have resigned demanding an apology from the Chief Minister for her remarks.

2019 World Cup Is Here!

Catch the latest on Cricket World Cup as it unfolds, special coverage by Opindia

Read OpIndia.com's response to the defamation notice served by Swati Chaturvedi

That you have lost readership and your peers doubt you, is not our problem: Read our response to Swati Chaturvedi’s defamation notice

Recently, OpIndia.com got a legal notice from abusive media troll Swati Chaturvedi. At the onset, we would like to reiterate that such intimidatory tactics won't work with OpIndia.

Rahul Gandhi finally arrives in Parliament, but stays true to form and goofs up while taking oath as MP

A Lok Sabha official stopped Rahul Gandhi and told him that he has to sign the register after taking oath

Pakistani Twitter erupts in self-deprecating humour as their cricket team stares at imminent defeat

India registered its 7th consecutive win against Pakistan in Cricket World Cup tournaments.
NDTV's takes journalism to new heights by asking Rahul Gandhi how did he like his samosa

Rahul Gandhi got conned by his own men: Report says ‘Big Data’ head Praveen Chakravarty billed Congress 24 crores and is now absconding

A day prior to election results, Rahul Gandhi had reportedly even contacted UPA allies and offered to accommodate them in the cabinet.

Even as 700 doctors resign, TMC leader Abu Taher Khan Chaudhury accused of threatening doctors with rape and murder

There are videos circulating on social media which purportedly show the Trinamool MP from Murshidabad, Abu Taher Khan threatening the doctors at the institution. The politician, however, has denied all allegations.

Here is what you missed when the India-Pakistan match was on

News you may have missed due to the India-Pakistan match yesterday
India won by 89 runs in their WC match against Pakistan

India refuses to be mediocre and docile, if that is ‘cold hearted’ for this Guardian writer, so be it

Some people, who have clearly run out of issues to find faults, have come up with a brilliant demonstration of what Hindi Twitter knows as 'Naraaz Fufa'.
PM Modi has not tweeted about the India Pakistan cricket match

Twitter diplomacy: Imran Khan made a thread on India-Pak world cup match but zero tweets by PM Modi

Cricket has always been part of ‘track 2 diplomacy’ so off-field events can’t be ignored.

LokSatta and Karan Thapar scolded by Press Council of India for peddling fake news against the RSS chief Mohan Bhagwat

While Thapar maintained that his mistake of wrongly attributing quotes to Dr Mohan Bhagwat was bonafide, the PCI has taken a tough stand against Thapar.
Subscribe to Day's Top Stories
- Advertisment -

Latest articles

Connect with us

Help Us Reach Every Indian, Please Share This Post