Supreme Court refuses to stay its earlier order on SC/ST act

Team SoOLEGAL 4 Apr 2018 3:10pm

Supreme Court refuses to stay its earlier order on SC/ST act

New Delhi :SC bench comprising of Justices A K Goel and U U Lalit while listening to review petition filed by centre Government on verdict given by it on SC/ST act,  said it is open to considering in detail the Centre’s review petition Act but declined to stay its earlier order on no immediate arrest under the special law.

The top court observed that those agitating have not read the order properly and must have been misled by people with vested interests.The court said "We have not diluted any provision of SC/ST Act but only safeguarded the interests of the innocents from being arrested”.

The country saw large scale violence during the nation wide strike called to protest SC order.

During the hearing which went on for an hour, the court said it has not diluted the provisions of SC/ST act but it has only given an order which aims to protect the innocent from being arrested.The bench said it will  hear the Centre’s  plea after 10 days , along with the plea by the Maharashtra government which was one of the original petitioners. Further it asked the Maharashtra government and others to file written submissions within two days.

During the hearing, the bench said in its order it has only sought its implementation in accordance with the procedural law as given in the CrPc and there was no dilution of any provision of the SC/ST Act or Rules .The court said a compensation can be paid to the alleged victims of atrocities even prior to the registration of FIR under SC/ST Act and there is no change in this provision. The bench said the only offences mentioned in the SC/ST Act were the subject matter of the judgement and other cognisable offences under IPC .This would not require inquiry before registration of FIR. The court said it has only asked this inquiry of offences registered under SC/ST act to be completed with in seven days.

The govt in its review petition stated that the SC verdict has “wide ramification and implication resulting in dilution of the stringent provisions of law enacted under the 1989 enactment. It adversely affects a substantial portion of the population of India being the members of SC/ST. It is also contrary to the legislative policy of Parliament as reflected in the Prevention of Atrocities Act 1989.”

Tagged: SC   SC/ST act   Maharashtra Govt  
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