Govt moves SC for review of its SC/ ST verdict

On a day of violent protests and “Bharat Bandh” by dalit organiations against a Supreme Court order that has allegedly diluted the Scheduled Castes and Scheduled Tribes ( Prevention of Atrocities) Act, 1989, the Union government sought a review of the March 20 verdict.

Overruling a Bombay high court decision and offering relief to a Maharashtra government employee, the apex court had said on March 20 that a preliminary inquiry should precede the arrest of an accused under the Act and that accused are entitled to anticipatory bail.

The Centre said in its review petition that the procedural checks ordered by the apex court by way of preliminary inquiry before arrest will reduce the rate of registration of cases and conviction, increase pendency and act as a deterrent against filing

FIRs.

Union law and justice minister Ravi Shankar Prasad said that the government was not a party to the Supreme Court’s decision on the SC/ ST Act and “respectfully” did not agree with its reasoning behind the verdict on March 20.

Normally review petitions are heard in the chamber by the judges but the Centre in this case has prayed for an open court hearing. No date has yet been fixed for taking up the review petition.

On March 20, the apex court had suggested procedural changes related to police action after a complaint is filed under the Act. The verdict came during the hearing on an appeal filed by Maharashtra government servant, Subash Kasinath Mahajan, who had challenged a Bombay high court verdict refusing to quash an FIR for his alleged adverse remarks against a dalit

◗ Ravi Shankar Prasad said that govt was not a party to the court’s decision and ‘ respectfully’ did not agree with its reasoning

colleague. Relaxing the provisions for immediate arrest of an accused, the apex court had on March 20 held that an accused can be taken into custody only after a preliminary inquiry that shows that a prima facie case is made out.

“In view of the acknowledged abuse of law of arrest in cases under the 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)…,” the court had said.

The Centre’s review petition said that the court ought to have appreciated the fact that since atrocities affect the dignity and life of the SCs/ STs, an FIR should be registered at the earliest and any room for the accused to get anticipatory bail will weaken probe.