New Delhi: The Supreme Court docket on Friday referred the Centre’s plea in search of recall of its 2018 judgment, which nearly diluted stringent provisions of fast arrest and no anticipatory bail for the accused on a criticism filed underneath the SC/ST (Prevention of Atrocities) Act, to a bigger Bench.
A Division Bench, headed by Justice Arun Mishra, mentioned the matter was being referred to a three-judge Bench for additional listening to on subsequent week.
The Centre acknowledged that the judgment diluting the stringent provision of the SC/ST (Prevention of Atrocities) Act that arrest on a criticism underneath the legislation was not obligatory had “seriously affected their (SC/ST) morale and confidence in the ability of the state to protect them”.
Article 21, which ensures safety of life and private liberty, says: “No person shall be deprived of his life or personal liberty except according to procedure established by the law.”
Whereas ruling that there could be no obligatory arrest of an accused on a criticism underneath the SC/ST (Prevention of Atrocities) Act, the apex courtroom by its March 20 judgement had directed “…in absence of any other independent offence calling for arrest, in respect of offences under the Atrocities Act, no arrest may be effected” with out the permission of appointing authority in case of public servant or that of Senior Superintendent of Police in case of common public”.
The courtroom had mentioned it was offering the safeguard “in view of acknowledged abuse of law of arrest” underneath the Act.
“It’s necessary to express concern that working of the Atrocities Act should not result in perpetuating casteism, which can have an adverse impact on integration of the society and the constitutional values,” it mentioned.