SC says protests misled, declines to stay its order
It is no wonder that the Supreme Court on April 3 refused to put in abeyance its landmark judgment titled Dr Subhash Kashinath Mahajan vs. The State of Maharashtra and another which was delivered on March 20 banning automatic arrests without prior permissions for offences under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, saying its March 20 order only meant to safeguard innocent people without affecting the rights of the marginalised communities.
It is most shameful and shocking that political parties just for gaining maximum political mileage used this landmark ruling to send a wrong message that the rights of the Scheduled Castes and the Scheduled Tribes were now going to end and they would not get any reservation benefit also.
The Apex Court, however, said it would consider the arguments against its judgment from all parties involved at the next hearing that will be scheduled sometime after 10 days. The Bench of Justices AK Goel and UU Lalit was hearing a review petition filed by the National Democratic Alliance (NDA) government a day after nine people were killed in violent protests in several parts of the country, prompting leaders of all major political parties to call for an urgent need to reconsider what they described as a “dilution” of the act by the court. On Tuesday, the court asked for written submissions from all parties involved and refused intervention by others who were not party to the case that originated in Maharashtra.
Simply put, the Apex Court made it absolutely clear about its landmark judgment just mentioned: The people who are agitating over the Supreme Court order may not have read the judgment properly.
The Dalit protesters must have been misled by people with vested
The Bench of Justices AK Goel and UU Lalit was hearing a review petition filed by the National Democratic Alliance (NDA) government a day after nine people were killed in violent protests in several parts of the country, prompting leaders of all major political parties to call for an urgent need to reconsider what they described as a “dilution” of the act by the court.
The court has not diluted any provision of the SC/ST Act but only safeguarded the interests of the innocents.
Only offences mentioned in the SC/ST Act are the subject matter of the judgment and other cognizable offences under IPC would not require inquiry before an FIR. Needless to say, Justice AK Goel who authored the verdict very rightly observed that, “An innocent should not be punished. There should not be terror in society…We do not want any member of the SC/ST to be deprived of his rights. We only want an innocent not to be punished. He also rightly said that, “The judgment, in fact, fortifies the Dalit protection law – the Scheduled castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989. Absolutely right! Where is the doubt in it? Only those political parties who have vested political interests to fulfil have spread absolutely false rumours about the landmark judgment which are nothing but a web of lies and a figment of fake imagination!
Not stopping here, Justice Goel also rightly observed while addressing Attorney General KK Venugopal that, “Our judgment implements what is said in the Constitution. We are conscious of the rights of the underprivileged and place them at the highest pedestal…but at the same time, an innocent person cannot be falsely implicated and arrested without proper verification. We have not stopped the implementation of the Act. Does the Act mandate the arrest of innocent persons? Our judgment is not against the Act.” He called the judgment a ‘balance’ between Dalit rights and right of an innocent against arrest in a false case. There can be no denying or disputing it!
Unruly mobs in the name of bandh.
Arsons and violence over SC's verdict.