SC/ST Act judgement puts filter on immediate arrest, says SC

The Supreme Court on Thursday told the Centre that its ruling on the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989, also known as (SC/ST) Act, is aimed at putting filter on immediate arrest.

Appearing on behalf of the Centre, Attorney General of India K. K. Venugopal told the apex court that there have been dozens of cases of atrocities against SC STs in the last few weeks.

The SC clarified that "we have made it clear that there is no bar on arrest if any other offence is committed. Judgement does not say there should be no F.I.R. but the judgement simply puts a filter on immediate arrest".

The Attorney General also sought the matter to be referred to the larger bench.

The Supreme Court will continue to hear matter on May 16.

The Centre has filed a review petition in the Supreme Court over its recent ruling on the SC/ST Act.

On March 20, the apex court, in a bid to check misuse of the SC/ST Act, ruled that preliminary enquiry in a case under the Atrocities Act would be done by a Deputy Superintendent of Police (DSP) to ensure the allegations are not frivolous, and to avoid the false implication of an innocent.

The court also held that a government official cannot be prosecuted on a mere allegation of committing an offence under the Act without the sanction of the appointing authority.

On April 3 also, the Centre failed to convince the Supreme Court bench of Justices A.K. Goel and U.U. Lalit to stay its direction considering the massive protests across the country that claimed nine lives.

The apex court said that it does not want any member of the SC/ST to be deprived of his/her rights, but only wants that an innocent should not be punished.