scorecardresearch
Follow Us:
Tuesday, August 09, 2022

SC/ST Act: Verdict has led to sense of disharmony in the country, Centre tells SC

In his written submission, Attorney General K K Venugopal said that through its judgment, 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.

By: Express Web Desk | New Delhi |
Updated: April 12, 2018 5:03:10 pm
Verdict on SC/ST Act has led to sense of disharmony in the country, Centre tells Supreme Court A Supreme Court bench, comprising Justices AK Goel and UU Lalit, on Thursday resumed hearing in the case against which the Centre had filed a review petition on April 2. (File Photo)

The Centre on Thursday told the Supreme Court that its March 20 judgment, which forbids arrest without prior permission for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, amounted to “judicial legislation” and had caused anger, unease and sense of disharmony in the country. A Supreme Court bench, comprising Justices AK Goel and UU Lalit, on Thursday resumed hearing in the case against which the Centre had filed a review petition on April 2 following a Bharat Bandh call by various Dalit groups that saw nine people die in the ensuing violence across Madhya Pradesh, Uttar Pradesh and Rajasthan. However, in its hearing on April 3, the Supreme Court said it would not go by any agitation and declined an interim stay on its March 20 verdict.

In his written submission, Attorney General K K Venugopal said that through its judgment, 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. “This case, dealing with the issue of very sensitive nature, has caused a lot of commotion in the country and is also creating anger, unease and a sense of disharmony,” Venugopal said.

READ | Two SC/ST courts: 1,450 pending cases

Stressing that the separation of powers between the legislature, the executive and the judiciary was “inviolable”, the attorney general asked the Supreme Court to review its judgment and recall the changes it made to the Act’s provisions.

Subscriber Only Stories
Nitish-BJP break-up in Bihar: Why Modi’s BJP is right to be nervous...Premium
UPSC Key-August 9, 2022: Why you should read ‘Eggs and faith’ or ‘Transge...Premium
Streetwise Kolkata – Beckbagan: Named after an emissary from Awadh ...Premium
As PM Modi again refers to Rajya Sabha ‘hurdle’, some House truthsPremium

READ | SC/ST Atrocities Act: Conviction rate remains low, but dip in false cases filed

“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 said.

The March 20 judgment noted instances of abuse of the 1989 Act and laid down stringent safeguards, including provisions for anticipatory bail and a “preliminary enquiry” by a DSP before registration of a case under the Act. The court said an accused public servant can only be arrested with the permission of the appointing authority and, if it concerns a person who is not a public servant, permission has to be obtained from the district SSP.

📣 Join our Telegram channel (The Indian Express) for the latest news and updates

For all the latest India News, download Indian Express App.

  • Newsguard
  • The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
  • Newsguard
First published on: 12-04-2018 at 02:27:02 pm
0 Comment(s) *
* The moderation of comments is automated and not cleared manually by indianexpress.com.

Featured Stories

Advertisement
Advertisement
Advertisement
Advertisement