Hindustan Times (Lucknow)

Centre tells top court its verdict diluted SC/ST Act

- HT Correspond­ent letters@hindustant­imes.com ▪

NEW DELHI : The Centre on Thursday told the Supreme Court that its recent judgment on the SC/ST Act has “diluted” the provisions of the law, resulting in “great damage” to the country, and steps may be taken to correct it. It said the SC verdict, which had dealt with an issue of a “very sensitive nature”, has caused “commotion”, “anger, unease and a sense of disharmony” in the country.

NEWDELHI: The Centre has urged the Supreme Court to recall its March 20 verdict banning automatic arrests and registrati­on of cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, saying the ruling had done “great damage” by giving rise to anger among the people the law was meant to protect.

Written submission­s drafted by attorney general KK Venugopal and submitted to the court on Thursday support the review petition filed by the Centre against the judgment, which made a preliminar­y enquiry of a complaint under the Act mandatory before the registrati­on of a first informatio­n report (FIR) by the police.

According to the submission­s, the ruling had caused a “lot of commotion in the country and also created anger, unease and a sense of disharmony”. The situation, the Centre argued, can only be rectified through a recall of the order.

The submission­s come against the backdrop of Dalit protests in the wake of the order, which was perceived to be a dilution of the SC/ST Act, a law meant to protect marginalis­ed communitie­s from abuse and discrimina­tion. This ruling was necessary, the court said, to prevent the “rampant misuse of the tough provisions of the law.”

It also held that a court can grant anticipato­ry bail if it, prima facie, finds the complaint to be an abuse of the law, false, motivated and intended to blackmail or harass a person.

On April 3, the Supreme Court refused to put its ruling in abeyance, saying the order was only meant to safeguard innocent people against harassment without affecting the rights of the marginalis­ed communitie­s. Hearing the Centre’s review petition, justices AK Goel and UU Lalit remarked that those who had taken to the streets to protest had been “misled by vested interests”.

The court, the AG submitted, was dealing with a “very sensitive issue” and that it was encroachin­g into the areas of legislatio­n, a power beyond its jurisdicti­on. He specifical­ly asked the court to recall the directive that specifies a preliminar­y enquiry by a deputy superinten­dent of police before an FIR is registered and also calls for disciplina­ry action as well as contempt proceeding­s if the direction is not followed.

“...the Court declares the ‘role of this court travels beyond merely dispute settling, and directions can certainly be issued which are not directly in conflict with a valid stature. Power to declare law carries with it, within the limits of duty, to make law when none exists,’” read the AG’s submission­s, reminding the bench that the top court has itself upheld the validity of SC/ST law.

The Centre challenged the court’s view that it was “filing in gaps”. The judgement amends the law through judicial legislatio­n. Reliance on English judgements by the court was “misapplied” because England has no written constituti­on, Venugopal said. “In India, separation of powers being part of the basic structure of the Constituti­on, there was no room for the court declaring that it could legislate and make plenary law,” read the submission.

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