New Delhi: The Supreme Court on Wednesday posted for February 19 for the final hearing of pleas challenging SC/ST (Prevention of Atrocities) Amendment Act, 2018 that rule out any provision for anticipatory bail for a person accused of atrocities against SC/STs and review plea against the March 20 judgement.
A bench of Justice UU Lalit and Justice Indu Malhotra also refused to stay implementation of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Amendment Act, 2018, passed by the Parliament.
Justice Lalit was also the part of March 20, 2018 verdict when it had held that there will be no automatic arrest on a complaint filed under the Act had also introduced anticipatory bail provision under the Act.
Earlier, the apex court had said that the petitions against the amendment and review pleas against the March 20 judgment, should be heard together.
On March 20, 2018, the top court passed the judgment that there will be no automatic arrest on a complaint filed under the Act. It had also introduced anticipatory bail provision under the Act.
However, the Centre had made amendments in the Act to overcome the top court’s order diluting the provision of arrest under the law.
The two judges bench of the Supreme Court had passed a slew of directions and said a public servant could be arrested in cases lodged under the SC/ST Act only after prior approval by the competent authority.
The amendments provide that no preliminary inquiry would be required for registering a criminal case and an arrest under this law would not be subject to any approval.
The top court has seized a bunch of pleas opposing amendments to the SC/ST Act. The pleas alleged that Parliament had “arbitrarily” decided to amend the law