SC refuses to stay ST/SC Act order

Call for Bharat Bandh on April 2 over apex court order on SC  ST Prevention of Atrocities Act

Directing the listing of the matter at 2 pm, before a bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, Chief Justice Dipak Misra said the hearing will be in open court. If he is innocent don't arrest him.

During the hour-long hearing, the bench said the Act which had come under scrutiny does not mandate immediate arrest on the filing of a complaint as it was a substantive law.

Meanwhile the apex court refused for an urgent hearing on a plea for stay and review of its verdict. "Most likely, people who protested did not even read our judgment", the court added. Social media was quick to dub this as the violence of the Dalits against the Supreme Court order on the SC/ST Act.




On March 20, the Supreme Court issued a directive saying that action against public servants accused of hostility towards SC/ST would be taken only with written permission from the appointing authorities. The bench further clarified that the "abuse" they were referring to was the abuse of police power and not the abuse of the Act by the members of the two titular categories.

It also ruled that "there is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide". "The pain and injury caused due to commission of an offence against them is the worst form of violation of Article 21 (right to life) of the Constitution and requires strict implementation of the law", the petition stated. Of these, 5,347 cases were false, while 869 cases were said to be mistake of fact. "Some independent inquiry must be there". It was also "contrary to the legislative policy of the Parliament" as reflected in the SC/ST Act, it said. What if it's against the attorney general? "There is no conflict of law in our judgment", said Justice Goel. In this case one allegation and a man may be put behind bars. If no forum is there, then some forum in court has to be there to protect the interest of innocent citizens. "They are being misled by some vested interests so that does not concern us", the bench said. We are conscious of that right. "People have taken to the streets", he said. We are only safeguarding innocent persons from arrest. It also says that failure to comply with the court's directions would result in disciplinary proceedings against the police official, who will also have to face contempt of court proceedings.

Earlier, when the AG said that there is a tremendous sense of deprivation, discontent and agitation among dalits following the verdict, Justice Goel said, "We are not concerned about what is happening outside this court".

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