The decision of the Supreme Court imposing checks and balances before arresting any individual under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 will now be reviewed by a three-judge bench of the apex court next week.
On March 20, 2018 a two-judge bench of the apex court had made drastic changes in the 1989 law by allowing anticipatory bail to an accused, prior permission from appointing authority (in case of public servant) and a senior police officer (in case of common citizen) before registering a case, and prior enquiry into the charges before making arrest. These modifications were introduced as the Court was of the view that due to automatic arrest prescribed by the Act, the same is often misused.
But the Centre sought a review of this order and filed a review petition. Meanwhile, the Parliament re-introduced the provisions of the 1989 Act that stood diluted/altered by the apex court. This new legislation introduced by the Parliament in August last year is also under challenge before a separate bench of the apex court.
Past Order
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| On March 20, 2018 a two-judge bench of the apex court had made drastic changes in the 1989 law by allowing anticipatory bail to an accused, prior permission from appointing authority and a senior police officer before registering a case, and prior enquiry into the charges before making an arrest |
The Centre sought a review of this order and filed a review petition. In its March 2018 judgment, the Court quoted statistics released by the Government of India which suggested that in the year 2016, a total of 5,347 cases were found to be false cases of those investigated. |
Between April 2018 and May 2019, the review petition was heard on 10 occasions and finally orders were reserved on it on May 1, 2019. A bench of Justices Arun Mishra and UU Lalit on Friday pronounced its order on the review petition by referring the same to a three-judge bench. It said, "Considering the importance of the matter, we feel that these matters should be heard by a three-judge bench. List these matters before a three-judge bench next week."
The court order is balanced as on one hand, the amended law passed by Parliament is under challenge on which a decision is yet to be pronounced. Independent of it, if the review petition is dismissed, it would result in the March 20, 2018 judgment of the apex court being revived, thus creating an anomaly in law as to which law to follow – the amended Act or the apex court decision.
In its March 2018 judgment, the Court quoted statistics released by the Government of India which suggested that in the year 2016, a total of 5,347 cases were found to be false cases of those investigated. It was further pointed out that in the year 2015, out of 15,638 cases decided by the courts, 11,024 cases resulted in acquittal or discharge, 495 cases were withdrawn and only 4119 cases resulted in a conviction.
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