Понедельник, 23 Апреля, 2018

SC/ST Act judgement has greatly damaged country: Centre to SC

The Supreme Court’s order on the SC  ST Act that no arrests can be made under it without a prior probe led to protests across the country Dilution of SC/ST Act has caused great damage to the country: Centre tells Supreme Court
Lucia Summers | 16 Апреля, 2018, 18:32

Attorney General KK Venugopal, representing the Centre said that the confusion created by apex court's judgment may have to be corrected by reviewing the judgment and recalling the directions issued by it.

The Centre has resorted to a major damage control exercise in its review petition filed in the Supreme Court on its judgment on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, in its hearing on April 3, the Supreme Court said it would not go by any agitation and declined an interim stay on its March 20 verdict.

This gave rise to a controversy on March 20, 2018 three issues came in front of Supreme Court where there were instances of exploiting of the SC/ST Act against government servants.

The Supreme Court had ruled that complaints under the SC/ST Atrocities Act should be first validated by due administrative processes before any arrest is carried out.

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"Bland statement that "power to declare law carries with it, within the limits of duty, to make law when none exists" is wholly fallacious because we live under a written Constitution of which separation of powers between the legislature, the executive and the judiciary is the very basic structure and is inviolable", Venugopal said.

Dalit groups have been protesting the apex court order, which has allowed provision for anticipatory bail and introduced safeguards for accused.

"No, they can't work". Political leader and activist Prakash Ambedkar, who presided over the meeting, said the government should bring a legislation in the Monsoon Session of Parliament to ensure adequate representation of SCs/STs, Dalits and adivasis in the judiciary. The next day, the court refused to freeze its decision and said its intention was to protect individual rights.

He said the Centre's review petition can not be an appeal against the March 20 verdict unless there is a patent error and that no provision of the Act has been diluted. "No relief can be given to the SC/ST community without protecting the fundamental rights of an innocent person", Justice Goel had said.

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