Thursday 3 May 2018

SC/ST Act: No stay on SC's 'no instant arrest' ruling; all you need to know

Supreme Court

The Supreme Court on Thursday rejected the Centre's demand for a stay on the court's March 20 ruling on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 or SC/ST Act, saying the judgment was only aimed at putting a filter on immediate arrest.

"We have made it clear that there is no bar on arrest if any other offence is committed. The judgment does not say there should be no FIR but the judgment simply puts a filter on immediate arrest", the court said.

The Centre has filed a review petition in the Supreme Court over its recent ruling on the SC/ST Act.

In a bid to check the misuse of the SC/ST Act, the apex court had on March 20 ruled that preliminary enquiry in a case under the Atrocities Act would be done by a Deputy Superintendent of Police (DSP) to ensure the allegations are not frivolous, and to avoid the false implication of an innocent person.

The court also held that a government official could not be prosecuted on the mere allegation of committing an offence under the Act without the sanction of the appointing authority.

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