Cen­tre files review pe­ti­tion over SC/ST Act

Hindustan Times ST (Jaipur) - - Nation - HT Cor­re­spon­dent let­ters@hin­dus­tan­times.com

RELOOK Tells Supreme Court that data shows weak ex­e­cu­tion of law, not its mis­use; court re­fuses to hear plea ur­gently as sought by All In­dia Fed­er­a­tion of SC/ST or­gan­i­sa­tions

The Cen­tre on Mon­day moved the Supreme Court ask­ing it to review its or­der in the SC/ST Act case as vi­o­lent protests by Dalit groups erupted in sev­eral states leav­ing eight dead.

The top court re­fused to hear the pe­ti­tion ur­gently as sought by the All In­dia Fed­er­a­tion of SC/ST or­gan­i­sa­tions, a con­glom­er­ate of nearly 150 em­ploy­ees groups. The fed­er­a­tion said large-scale na­tion­wide vi­o­lence had taken place in which sev­eral peo­ple had lost their lives and there­fore the pe­ti­tion should be heard ur­gently.

A bench of Chief Jus­tice Di­pak Misra, jus­tice AM Khan­wilkar and jus­tice DY Chan­drachud said the pe­ti­tion will be heard in due course of time.

Ad­vo­cate Manoj Gau­rkella, ap­pear­ing for the em­ploy­ees fed­er­a­tion said the re­cent ver­dict passed by the apex court on March 20 was “un­fair and un­just and it should be stayed”.

He said that this writ pe­ti­tion should be heard by a larger bench of five judges to de­cide the is­sue.

The Cen­tre also sought an open hear­ing of its review pe­ti­tion, say­ing it was nec­es­sary for the court to hear their oral ar­gu­ments.

As per SC rules, review pe­ti­tion is de­cided by judges in the cham­ber af­ter it’s cir­cu­lated among the judges who give the or­der un­der review.

Fil­ing the review review pe­ti­tion, the Cen­tre said, “Crime against SC/ST has con­tin­ued un­abat­edly. Facts and data demon­strate weak im­ple­men­ta­tion of the law and not its mis­use. There­fore there is re­quire­ment for strict in­ter­pre­ta­tion of the de­ter­rent pro­vi­sions.”

The top court had re­cently banned au­to­matic ar­rests and reg­is­tra­tion of crim­i­nal cases un­der the Sched­uled Castes and the Sched­uled Tribes (Pre­ven­tion of Atroc­i­ties) Act, 1989.

The top court had said that un­less the ex­clu­sion of an­tic­i­pa­tory bail is lim­ited to “gen­uine cases and in­ap­pli­ca­ble to cases where there is no prima fa­cie case was made out, there will be

NEW DELHI:

no pro­tec­tion avail­able to in­no­cent cit­i­zens”.

It had said that “in view of the ac­knowl­edged abuse of law of ar­rest in cases un­der the Atroc­i­ties Act, ar­rest of a pub­lic ser­vant can only be af­ter ap­proval of the ap­point­ing au­thor­ity and of a non-pub­lic ser­vant af­ter ap­proval by the Se­nior Su­per­in­ten­dent of Po­lice (SSP) which may be granted in ap­pro­pri­ate cases if con­sid­ered nec­es­sary for rea­sons recorded”.

It also said that the rea­sons recorded must be scru­ti­nised by the mag­is­trate for per­mit­ting fur­ther de­ten­tion.

To avoid false im­pli­ca­tion of an in­no­cent, the top court di­rected that a pre­lim­i­nary en­quiry may be con­ducted by the DSP rank of­fi­cer to find out whether the al­le­ga­tions make out a case un­der the Atroc­i­ties Act and whether the al­le­ga­tions are not friv­o­lous or mo­ti­vated.

The rul­ing came on a plea of Sub­hash Kashinath Ma­ha­jan, who while serv­ing as the Di­rec­tor of Tech­ni­cal Ed­u­ca­tion in Ma­ha­rash­tra gov­ern­ment, was ac­cused of re­fus­ing pros­e­cu­tion sanc­tion against two se­nior of­fi­cers of the de­part­ment ac­cused un­der SC/ST Act by a store keeper.

Ma­ha­jan chal­lenged the or­der of May 5, 2017, of the Bom­bay high court that had re­fused to grant him an­tic­i­pa­tory bail in the case and quash the FIR.

I charge the cen­tral gov­ern­ment, and not the Supreme Court, that this law was weak­ened and di­luted be­cause the Cen­tre did not rep­re­sent the case prop­erly be­fore the court. GHU­LAM NABI

AZAD, Cong leader The Union govt has filed a review pe­ti­tion in SC. Our gov­ern­ment is com­mit­ted to pro­tect the rights of the Sched­uled Castes and Tribes. Peo­ple should main­tain peace. SHIVRAJ SINGH

CHOUHAN, MP CM

We are shocked and pained that some of my Dalit brothers and sis­ters have been killed and in­jured. We sup­port their cause. I ap­peal for peace.

PTI

A stu­dent tends to her in­jured class­mate at the Women’s Col­lege Sci­ence Block in Ranchi.

HI­MAN­SHU VYAS/HT

Pro­test­ers raise slo­gans in Jaipur, Ra­jasthan, on Mon­day.

PTI PHOTO

Mem­bers of the Dalit com­mu­nity stop a train in Mathura on Mon­day.

MUJEEB FARUQUI/HT

Mem­bers of a Dalit or­gan­i­sa­tion dam­age a bus in Bhopal on Mon­day.

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