NEW DELHI: After many reports pertaining to atrocities being meted out to scheduled castes and scheduled tribes due to the misuse of a law, the Supreme Court has ruled that, if a case is filed under SC, ST Law, immediate arrests must not be done. This brings a breather for those victims who are booked under the law, all for the wrong reasons.
The Apex Court has acknowledged the fact that there has been a large scale of misuse of the provision under SC/ST (Prevention of Atrocities) Act, 1989, and said that the accused can request for anticipatory bail.
The Top Court said that the accused will not be arrested referring to the FIR. The Court delivered its verdict on a petition which was filed by a Maharashtra Government employee challenging the order of Bombay High Court which refused to quash the First Information Report (FIR) for his adverse remarks against a scheduled caste employee.
“There is need to safeguard innocent citizens against false implication and unnecessary arrest,” said a bench of Justices AK Goel and UU Lalit as they laid down the rule that arrest is not at all mandatory in cases under the SC/ST Act.
The Court further said that for a public servant, the permission of the appointing authority is a condition to enable the arrest and for others, permission in written form from the Senior Superintendent of Police or DSP is required.
The Court also judicially acknowledged that there have been some instances in which abuse of the law was witnessed by some vested interests against political opponents at the level of panchayat, municipal or other elections. These false allegations were targeted at settling disputes of property, money, employment or seniority.
“Innocent citizens are termed as accused, which is not intended by the legislature, which never intended to use the Atrocities Act as an instrument to blackmail or to wreak personal vengeance,” the court further said.
Fraternity and integration of the society are key values that promote the constitutional values. The citizens of India must refrain themselves from perpetuating casteism which could end up having an adverse impact over the integration of society and constitutional values, the bench advised.
Further noting that the harassment of an innocent citizen without considering the caste and religion is against the values of the guarantee under Indian Constitution and the Court is an authority to enforce such a guarantee. The Court further made it mandatory for the police to conduct a simple preliminary investigation which should not exceed a week in order to decide whether an FIR is legitimate to be registered under the parameters of the law.
If any individual whether he may belong to any caste or religion alleges unilaterally, such an allegation may be motivated or false and cannot be termed to be enough evidence to deprive a person of his liberty guaranteed under the constitution, without an independent scrutiny, the Apex Court further said.