SC/ST Act: Supreme Court says won’t let an innocent get arrested even if Centre makes law
May 17, 2018The Apex Court while taking a tough stand against a review of its ruling diluting the arrest clause in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act explicitly stated that it would not let an innocent person get arrested merely on the basis of a complaint even if the Centre made a law on it.
"Right to life and personal liberty must be read in every provision that permits the arrest of a person. This is the direction for the Apex Court and the same approach was followed by us while giving the (March 20) judgment. While enforcing a law it has to be just and fair and cardinality of Article- 21 cannot be denied even by the Centre."
Attorney General, while requesting a review of the order, informed the Court that the absolute power given to the Apex Court under Article- 142 of the Constitution is provided to ensure the due process of law, and not to reverse the law. "The powers of the Apex Court can’t be interpreted to mean that the court can replace the provisions of law.
The Court verdict introduced the anticipatory bail provision which was missing in the Act. It also stated that there could be no arrest without the presence of a senior police officer carrying out a primary inquiry to indicate the correctness of a complaint alleging that an offensive comment was made against a person of the SC/ST community.
However, under the primary law, even a basic complaint of an offensive action which is a cognizable offense under the Act was sufficient for the accused to get arrested. The Apex Court further introduced prior permission from the appointing authority, in case of a public servant, and from the senior superintendent of police, in case of a commoner, for arrest under the Act.
In addition, the Court stated, "The government can’t complain about the fair process that we have provided for making an arrest of a person under the Act. We won’t let an innocent to get arrested even if the Centre makes a law otherwise. The Court added that if an innocent person is arrested and jailed, then we are not living in a civilized society."
The Apex Court’s verdict to dilute the arrest provision led to major protests in various parts of the nation by Dalit groups in which 9 people died.
"Right to life and personal liberty must be read in every provision that permits the arrest of a person. This is the direction for the Apex Court and the same approach was followed by us while giving the (March 20) judgment. While enforcing a law it has to be just and fair and cardinality of Article- 21 cannot be denied even by the Centre."
Attorney General, while requesting a review of the order, informed the Court that the absolute power given to the Apex Court under Article- 142 of the Constitution is provided to ensure the due process of law, and not to reverse the law. "The powers of the Apex Court can’t be interpreted to mean that the court can replace the provisions of law.
The Court verdict introduced the anticipatory bail provision which was missing in the Act. It also stated that there could be no arrest without the presence of a senior police officer carrying out a primary inquiry to indicate the correctness of a complaint alleging that an offensive comment was made against a person of the SC/ST community.
However, under the primary law, even a basic complaint of an offensive action which is a cognizable offense under the Act was sufficient for the accused to get arrested. The Apex Court further introduced prior permission from the appointing authority, in case of a public servant, and from the senior superintendent of police, in case of a commoner, for arrest under the Act.
In addition, the Court stated, "The government can’t complain about the fair process that we have provided for making an arrest of a person under the Act. We won’t let an innocent to get arrested even if the Centre makes a law otherwise. The Court added that if an innocent person is arrested and jailed, then we are not living in a civilized society."
The Apex Court’s verdict to dilute the arrest provision led to major protests in various parts of the nation by Dalit groups in which 9 people died.
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