In a notable judgment, the Supreme Court has upheld the constitutional validity of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018, which was enacted to nullify the effects of the March 20, 2018 judgment of the SC which had diluted the provisions of the Act.
A bench comprising Justices Arun Mishra, Vineet Saran and Ravindra Bhat had reserved judgment on the petitions challenging the constitutional validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act of
Notably, the bench headed by Justice Arun Mishra had recalled the conditions introduced by the two judges bench as per the March 20,2018 judgment by allowing the Centre's review.
The petitions filed by Advocates Prathviraj Chauhan, Priya Sharma and few others contended that the 2018 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 was liable to be struck down as being violative of Articles 14, 19 and 21 and violative of the basic structure of the constitution.
By way of the Amendment, a new section 18A has been inserted in the Act of 1989, which does away with the court-imposed requirements(in 2018 judgment) of undertaking preliminary inquiry and of procuring approval prior to making an arrest. It also restores the unconditional ban on the grant of anticipatory bail in the event of an offence under the Act.
The petitioners contend that the amendments were made out of "political pressure", and that the exclusion of the provision for anticipatory bail is arbitrary and unjust.
The petitioners argued that being born in an upper caste cannot be a ground for a presumption of guilt so as to deprive a person of his liberty without an opportunity before an independent forum, that the power of arrest should be exercised only after complying with the safeguards of scrutiny, credible information and just and reasonable procedure under Sections 41 and 41A of the Cr.P.C.
(story to be updated after receiving judgment)
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