why why are SC ST amendment removed over all
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The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said on Friday , as it sought the Centre's response on a batch of pleas challenging the fresh provisions.
The pleas have sought declaration of the new amendments to the
Schedule Castes and Schedules Tribes
(Prevention of Atrocities) Act as ultra vires.
Parliament on August 9 had passed the bill to overturn the apex court order concerning certain safeguards against arrest under the SC and ST law.
The new amendments had overturned the March 20 order on rampant misuse of the stringent SC/ST Act and 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.
Today, a bench of Justices AK Sikri and Ashok Bhushan issued notice to the Centre and sought its response in six weeks.
Counsel for petitioner
Prathvi Raj Chauhan
said the bench should at least stay the operation of the new provisions till the petition is being heard by the court.
To this, the bench said "What stay? It is now a legislation and cannot be stayed at this stage."
The counsel said the government has brought in the new provisions to overrule the verdict passed by the court and without removing the defects.
The bench then said "we know that government has brought in new amendments, that too without removing the defects".
The court was hearing the pleas alleging that the two Houses of Parliament had "arbitrarily" decided to amend the law and restored the previous provisions in such a manner so that an innocent cannot avail the right of anticipatory bail.
"It is submitted that in context of this SC/ST(Prevention of Atrocities) Act, Section 18 A of the Atrocities Act, which excludes Section 438 of CrPC, violates constitutional mandate under Articles 14 and 21," one of the pleas said.
It alleged that after these amendments, the structure of the Act has become violative of with "basic principles of liberty and accountability".
The plea said that the court cannot remain a "mute spectator to the abuse of law" as "we are living in a civilized society and there were many growing instances of misuse of this Act, there is an apprehension that the amended law would also fast become a new tool of harassment and the arrest on the basis of mere allegation without preliminary enquiry is violation of fundamental rights".
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.
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For the last six decades when the reservations were extended by 10 years every time it lapsed, no raised an eye brow from the Judiciary! In fact even Dr. Ambedkar who drafted the constitution did not ask per reservation ad infinitum! Suddenly, thiis issue has become vote bank politics.! In fact vote bank politics is in the DNA of Congress right from the time of the Round Table Conference. While Gandhi conceded every demand of the Muslim League , he went on a fast unto death in Pune to black mail Dr. Ambedkar to withdrew his claim for the Communal award. Dr. Ambedkar knew that if Gandhi died, the depressed classes would be massacred through out India and whatever possession they had would be turned to ashes. It was simply vote bank politics of not only Congress but also of Muslim League ( though by keeping quiet) to deny SC/ST sections of the society fro having dual vote as per the Communal award. Gandhi said that the award would split the Hindus though at that time, the Hindus did not allow even people from SC/ ST categories to walk on roads used by them! Had the Communal Award been accepted, may be Dr. Ambedkar would not have asked for reservations after Independence! In fact the Mandal commission has split the Hindus uch more than what even the Communal Award would have done.
The pleas have sought declaration of the new amendments to the
Schedule Castes and Schedules Tribes
(Prevention of Atrocities) Act as ultra vires.
Parliament on August 9 had passed the bill to overturn the apex court order concerning certain safeguards against arrest under the SC and ST law.
The new amendments had overturned the March 20 order on rampant misuse of the stringent SC/ST Act and 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.
Today, a bench of Justices AK Sikri and Ashok Bhushan issued notice to the Centre and sought its response in six weeks.
Counsel for petitioner
Prathvi Raj Chauhan
said the bench should at least stay the operation of the new provisions till the petition is being heard by the court.
To this, the bench said "What stay? It is now a legislation and cannot be stayed at this stage."
The counsel said the government has brought in the new provisions to overrule the verdict passed by the court and without removing the defects.
The bench then said "we know that government has brought in new amendments, that too without removing the defects".
The court was hearing the pleas alleging that the two Houses of Parliament had "arbitrarily" decided to amend the law and restored the previous provisions in such a manner so that an innocent cannot avail the right of anticipatory bail.
"It is submitted that in context of this SC/ST(Prevention of Atrocities) Act, Section 18 A of the Atrocities Act, which excludes Section 438 of CrPC, violates constitutional mandate under Articles 14 and 21," one of the pleas said.
It alleged that after these amendments, the structure of the Act has become violative of with "basic principles of liberty and accountability".
The plea said that the court cannot remain a "mute spectator to the abuse of law" as "we are living in a civilized society and there were many growing instances of misuse of this Act, there is an apprehension that the amended law would also fast become a new tool of harassment and the arrest on the basis of mere allegation without preliminary enquiry is violation of fundamental rights".
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.
Get Top News Stories on WhatsAppSUBSCRIBE
Download the Times of India News Appfor Latest India News.
TOP COMMENT
For the last six decades when the reservations were extended by 10 years every time it lapsed, no raised an eye brow from the Judiciary! In fact even Dr. Ambedkar who drafted the constitution did not ask per reservation ad infinitum! Suddenly, thiis issue has become vote bank politics.! In fact vote bank politics is in the DNA of Congress right from the time of the Round Table Conference. While Gandhi conceded every demand of the Muslim League , he went on a fast unto death in Pune to black mail Dr. Ambedkar to withdrew his claim for the Communal award. Dr. Ambedkar knew that if Gandhi died, the depressed classes would be massacred through out India and whatever possession they had would be turned to ashes. It was simply vote bank politics of not only Congress but also of Muslim League ( though by keeping quiet) to deny SC/ST sections of the society fro having dual vote as per the Communal award. Gandhi said that the award would split the Hindus though at that time, the Hindus did not allow even people from SC/ ST categories to walk on roads used by them! Had the Communal Award been accepted, may be Dr. Ambedkar would not have asked for reservations after Independence! In fact the Mandal commission has split the Hindus uch more than what even the Communal Award would have done.
Anonymous:
Sc and st. Should be killed or removed,
no..i dont say that...only they should given equality....
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