SC seeks Centre’s response on pleas against amendments in SC/ST Act
The Supreme Court on Monday sought the Centre’s response on pleas challenging the new amendments in the SC/ST Act, by October 26. The top court allowed several impleadment applications and said it was listing the matter for final hearing in November.
A bench of Justices AK Sikri and Ashok Bhushan asked Solicitor General Tushar Mehta, appearing for the Centre to file the reply to the petitions within a week after he sought some time.
"Reply be filed by October 26," said the bench as it posted the matter for further hearing on November 20.
On September 7, the apex court had said the new amendments to the law passed by Parliament cannot be stayed at this stage.
It had sought the Centre’s response in six weeks, on a batch of petitions challenging the fresh provisions of SC/ST Act.
The pleas have sought declaration of the new amendments to the Schedule Castes and Schedules Tribes (Prevention of Atrocities) Act as ultra vires.
The bill to overturn the apex court order concerning certain safeguards against arrest under the SC and ST law was passed by the Parliament on August 9.
Overturning the March 20 order on rampant misuse of the stringent SC/ST Act, the new amendments had held that there shall be no immediate arrest on any complaint filed under the law.
It had also passed a slew of directions and said a public servant can be arrested in cases lodged under the SC/ST Act only after prior approval by the competent authority.
The amendments rule out any provision for anticipatory bail for a person accused of atrocities against SC/STs, notwithstanding any court order.
They provide that no preliminary inquiry will be required for registering a criminal case and an arrest under this law would not be subject to any approval.
