Challenge to SC/ST Act amendment: Supreme Court says it will not dilute any provisions, reserves judgment

The Supreme Court today reserved its judgment in the petitions challenging the vires of the amendment to the SC/ST Act.

Parliament had brought in the amendment to the Scheduled Cates and Scheduled Tribes (Prevention of Atrocities) Act [SC/ST Act] last year to nullify the effect of the Supreme Court’s judgment of March 2018 which had effectively diluted provisions of the Act.This amendment was assailed before the Supreme Court.

Today, the Bench of Justices Arun Mishra, Vineet Saran, and Ravindra Bhat hinted that the amendment is likely to be upheld.

“We don’t want to dilute the provisions. As it is, the law before the judgment of Justice Goel has been restored by our judgment in the review. We will not be touching anything more,” Justice Mishra said today.

The two main points of contention in the matter relate to the provision of anticipatory bail and the provision of preliminary enquiry for complaints under the Act.

As regards anticipatory bail, the Court observed that the Constitution Bench had earlier made it clear that anticipatory bail can be granted in cases where a prima facie case under the SC/ST Act is not made out. This law will stand in light of the judgment in the review petition delivered on September 30, the Court remarked.

When a lawyer tried to place before the Court instances of misuse of the Act, the Court clarified that such false cases will be decided on their merits.

While reserving its judgment in the challenge to the SC/ST Act amendment, the Court said that it will also clarify on the point of the power of the police to hold preliminary inquiry before taking action on complaints.

“These provisions (relating to preliminary inquiry) will not be struck down and will stand the way they did under the Lalita Kumari judgment. The law under Justice Goel’s judgment has now been struck down.”

Justice Mishra further added that all parameters for preliminary inquiry have been laid down in Lalita Kumari judgment.

The Court went on to reserve its judgment. It will be a short order, Justice Mishra remarked.

He also hinted that no provisions of the SC/ST Act will be diluted, and that the law as it stood prior to the March 2018 judgment will stand.