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The Supreme Court has reserved its judgment on a
batch of petitions challenging the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act of 2018. The amendment had nullified
the controversial March 20 Supreme Court judgment.
The Supreme Court of India on March 20th, 2018
issued directions to prevent the misuse of provisions of Scheduled Castes and
the Scheduled Tribes (Prevention of Atrocities) Act 1989 and had issued
directives to safeguards against arrest and false implication of the SC/ST Act. The court held that there is no absolute bar
for granting anticipatory bail in a matter under the Act.
Further, arrest of a public servant can take
place only after approval of the appointing authority and that of a non-public
servant can take place only after approval by the S.S.P. which may be granted
in appropriate cases if considered necessary for reasons recorded
Moreover such reasons must be scrutinized by the
Magistrate for permitting further detention. Also, a preliminary enquiry may be
conducted by the DSP concerned to find out whether the allegations make out a
case under the Act and that the allegations are not false or motivated.
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