Supreme Court restores provisions of SC/ST Act

New Delhi: The Supreme Court on Thursday ruled that the amendment brought by the Union of India in Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act to bar anticipatory bail plea to accused in the case lodged under it is superfluous and that the old provision would be restored in light of its recent verdict.
A bench, headed by Justice Arun Mishra, said, Section 18 A (1), interpreted by the apex court in Lalita Kumari case, will apply and anticipatory bail will be given.
“We are not diluting provisions of SC/ST (Prevention of Atrocities) Act ,” the bench said, after hearing a petition filed by lawyer Prithviraj Chavan.
It reserved order on the Public Interest Litigations challenging validity of the Amendment Act, 2018, brought in to nullify the Supreme Court March 20, 2018, judgement.
The apex court said that its constitution bench verdict had held that anticipatory bail could be granted in appropriate case if it feels that complaint filed under Atrocities Act is prima facie false and the same ruling would hold the field in future.
It, the bench held, will also clarify that police can hold preliminary probe before taking any action on complaint under Atrocities Act in case it is of prima facie view that the complaint is false.