SC refuses to stay SC/ ST Act amendments

The Supreme Court on Friday refused to stay at this stage the amendments made to the Scheduled Castes/ Scheduled Tribes ( Atrocities Protection) Act to deny anticipatory bail to the accused and the scope for any preliminary probe into the complaints.

A Bench of Justices A. K. Sikri and Ashok Bhushan, after hearing senior counsel Mohan Parasaran issued notice to the Centre seeking its reply within six weeks. When counsel pointed out that the amendments were made without removing the basis of the judgment, Justice Sikri agreed with him and said this required examination.

The Bench also noted that it was also not a validation Act. When counsel pressed for stay on the ground that an accused could not be eligible for anticipatory bail, the Bench said, “No stay can be granted without hearing the government.”

In their petitions, Prathvi Raj Chauhan and Sanjeev Babanrao Bhor pointed out that the March 20 verdict providing for anticipatory bail and preliminary enquiry into the complaints. This judgment faced a nationwide protest of political groups just to take advantage in upcoming election, in the face of protests government filed review petition which is still pending.

Thereafter a rare move was adopted by the central government, to get the political mileage and under pressure from alliance partner and also worried over the prospects of antagonizing huge vote bank ahead of next year Lok Sabha elections, The Government decided to amend this Act and restored the previous provisions in such a manner, so that an innocent can’t access to avail the right of Anticipatory bail. It is pertinent to mention here that, in both the Houses of Parliament this amendment was passed by the voice vote, without any discussion or debate.

They argued that they are challenging the validity of Section 18 A of the Act.