Verdict on SC/ST Act has caused disharmony in the country: Centre to Supreme Court

Dalit Protest
Image : PTI

New Delhi, April 12: The Central government on Thursday told Supreme Court that its verdict over SC/ST Act has caused disharmony in the country. 

A Supreme Court bench of Justices AK Goel and UU Lalit today resumed hearing in the matter against which the central government had registered a review petition on April 2 following a countrywide protest called by various Dalit organisations.

During the Bharat Bandh, at least nine people lost their lives in the ensuing violence across Madhya Pradesh, Uttar Pradesh and Rajasthan.

In a written submission, Attorney General K K Venugopal said through its order, the apex court did not fill the gaps in the SC/ST Act and the case, which was very sensitive in nature, had caused great damage to the country, the Indian Express reported.

“It is submitted that the confusion created by this judgment may have to be corrected by reviewing the judgment and recalling the directions issued by this Honorable Court”, it added.

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 stated.

The apex court on March 20, held that there is no absolute bar for granting anticipatory bail in a matter related to atrocities on SCs/STs.

It further said that a public servant can be arrested after approval by some senior staffer.

A bench comprising of Justices Adarsh Kumar Goel and Uday Umesh Lalit had also noted that to avoid the false implication of an innocent, preliminary probe will be conducted by the DSP to chalk out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous.

Later, the court observed that the government official cannot be prosecuted on a mere allegation of carrying out an offence under the Act without the sanction of appointing authority.


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