SC norms to check SC/ST Act abuse : The Tribune India

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Satya Prakash

Tribune News Service

New Delhi, March 20

Taking note of the abuse of stringent provisions of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989, the Supreme Court on Tuesday issued directions to ensure that innocent persons, particularly public servants, are not unnecessarily harassed.

“In view of acknowledged abuse of law of arrest in cases under the Act, arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the SSP which may be granted in appropriate cases, if considered necessary, for reasons recorded. Such reasons must be scrutinised by the magistrate for permitting further detention,” a Bench of Justice AK Goel and Justice UU Lalit ordered.

The recorded reasons must be served on the person to be arrested and to the court concerned, the Bench said. “As and when a person arrested is produced before a magistrate, the magistrate must apply his mind to the reasons recorded and further detention should be allowed only if the reasons recorded are found to be valid.

The court said, “There is no absolute bar against grant of anticipatory bail in cases under the Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.”

To check false implication of innocent persons, the Bench ordered that before an FIR was registered, preliminary inquiry should be made to ascertain if the case fell within the parameters of the Act and ensure that it was not frivolous or motivated.

Any violation of these directions will be actionable by way of disciplinary action as well as contempt, the Bench said. “Secularism is a basic feature of the Constitution. Irrespective of caste or religion, the Constitution guarantees equality in its preamble as well as other provisions, including Articles 14-16 (provisions on right to equality and non-discrimination). The Constitution envisages a cohesive, unified and casteless society,” the Bench said.

The order came on a petition filed by Dr Subhash Kashinath Mahajan, Director, Technical Education, against whom a case under the Act was filed by an SC employee for refusing to grant sanction to prosecute two other employees who made adverse comments against the complainant about his work in their official capacity. The Bombay HC refused to quash the FIR against him. However, allowing his appeal, the SC quashed the case terming it “clear abuse of process of court”.