Arrest of an accused not mandatory under SC/ST Act, says Supreme Court
7 years ago

Arrest of an accused not mandatory under SC/ST Act, says Supreme Court

Deccan Chronicle  

New Delhi: Observing that there is large-scale misuse of the law, the Supreme Court on Tuesday held that arrest of an accused is not mandatory under the provisions of SC/ST Act and accused are entitled for anticipatory bail. A Bench of justices Adarsh K. Goel and Uday U. Lalit gave this ruling on an appeal from Maharashtra government employee Dr. Subash Mahajan challenging a Bombay High Court verdict refusing to quash the FIR for his adverse remarks against an SC employee. The court held that there is a need to provide for safeguards against registration of FIRs and arrests under the SC/ST Act in view of instances of misuse, as observed in the last three decades. The Bench said the Act should promote constitutional values of fraternity and integration of the society and not result in perpetuating casteism which would have an adverse impact on integration of society.

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History of this topic

Police move Delhi HC against trial court’s MCOCA ruling
3 weeks, 2 days ago

Police move Delhi HC against trial court’s MCOCA ruling

New Indian Express  

NEW DELHI: The Delhi Police has urged the Delhi High Court to overturn a trial court order that denied them permission to interrogate an accused in a case filed under the Maharashtra Control of Organised Crime Act, asserting that the ruling obstructs the prosecution’s efforts against organised crime. Police sought to interrogate Asrar, alias Israr, but the Karkardooma Court dismissed …

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC
3 weeks, 6 days ago

Persons can seek anticipatory bail in cases related to GST, customs even in absence of FIR: SC

New Indian Express  

NEW DELHI: In a significant verdict, the Supreme Court on Thursday held that the provision of anticipatory bail is applicable to the Goods and Services Act and customs law and persons can move courts for pre-arrest bail even if an FIR is not in place. A bench comprising Chief Justice Sanjiv Khanna and Justices MM Sundresh and Bela M Trivedi …

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court
1 month, 3 weeks ago

Provisions Of SC/ST Act Can Only Be Invoked Against Those Not Belonging To SC/ST Community: Punjab & Haryana High Court

Live Law  

Allowing anticipatory bail under the Scheduled Castes and Scheduled Tribes Act,, the Punjab & Haryana High Court has made it clear that the Act can be invoked only against members not belonging tothe SC/ST Act community.Justice Manisha Batra noted, "Appellants Avtar Singh and Jagsir Singh are stated to be members of SC community themselves. Allowing anticipatory bail under the Scheduled …

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court
3 months, 1 week ago

Mandatory To Hear Informant/Victim Before Granting Bail In Rape Offences, SC/ST Act Cases : Supreme Court

Live Law  

Affirming the importance of victim participation in criminal proceedings, the Supreme Court recently canceled the bail granted to a person accused of serious offences where the bail proceedings were conducted in the absence of the victim. The bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma heard the criminal appeal filed by a victim against the Allahabad High Court's …

SC agrees to hear plea against FIR under UP Gangsters Act
3 months, 3 weeks ago

SC agrees to hear plea against FIR under UP Gangsters Act

Deccan Chronicle  

New Delhi: The Supreme Court has agreed to hear a plea challenging an Allahabad High Court order that dismissed an application seeking quashing of a chargesheet and proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities Act. The petitioner, represented by senior Advocate Gaurav Agarwal and advocate Tanvi Dubey, argued that the FIR lodged against him under the UP Gangsters …

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint
7 months ago

Supreme Court Grants Anticipatory Bail To Malayali YouTuber Shajan Skariah In SC/ST Act Case On Kerala MLA's Complaint

Live Law  

The Supreme Court on Friday allowed anticipatory bail to the editor of the Malayalam YouTube News Channel 'Marunadan Malayalee' Shajan Skaria in a criminal case under the Scheduled Castes and Scheduled Tribes Act 1989 over making alleged derogatory remarks against MLA PV Sreenijin.A bench comprising Justices JB Pardiwala and Manoj Misra pronounced the verdict. The Supreme Court on Friday allowed …

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC
7 months, 1 week ago

‘Bail Is Rule’ for Offences Even Under Special Statutes: SC

Deccan Chronicle  

New Delhi: The legal principle 'Bail is the rule, jail is an exception' is applicable to offences even under special statutes like the Unlawful Activities Act, the Supreme Court on Tuesday ruled while granting bail to a man accused under the stringent anti-terror law. A bench of justices Abhay S Oka and Augustine George Masih said if courts start denying …

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court
10 months, 3 weeks ago

SC/ST Act | Bail Can't Be Granted Merely Based On Period Of Detention, Nature & Gravity Of Offence Must Be Considered: Madras High Court

Live Law  

While denying bail to a man accused of murdering a person belonging to the marginalized community, the Madras High Court has stressed that while considering bail applications in connection with offenses under the SC/ST Act, the courts should refrain from granting bail merely based on period of detention. Selvakumar argued that the Special Court had granted bail to the co-accused …

Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court
1 year, 1 month ago

Charge Under UP Gangsters Act Unsustainable When Accused Is Exonerated Of Predicate IPC Offences : Supreme Court

Live Law  

The Supreme Court on Monday observed that to prosecute the accused under Section 3 of the U.P. “Needless to say that for framing a charge for the offence under the Gangsters Act and for continuing the prosecution of the accused under the above provisions, the prosecution would be required to clearly state that the appellants are being prosecuted for any …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 1 month ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly
1 year, 2 months ago

'No Mens Rea': Kerala HC Grants Pre-Arrest Bail To Headmistress Booked Under SC/ST Act For Cutting Tribal Student's Hair During Assembly

Live Law  

The Kerala High Court has granted anticipatory bail to the headmistress of a school who was booked for offences under the Scheduled Castes and the Scheduled Tribes Act and Juvenile Justice Act for cutting the hair of the victim student, who belonged to the Scheduled Tribe community, during the school assembly which was allegedly derogatory and affected his dignity. Therefore, …

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?
1 year, 5 months ago

Why is Delhi High Court least persuasive on denying written arrest grounds to Newsclick accused?

The Hindu  

Published : Oct 14, 2023 08:38 IST - 5 MINS READ Article 22 of the Constitution dictates that no person who is arrested can be detained in custody without being promptly informed of the grounds for their arrest. This precarious situation can be easily avoided by providing the written grounds of arrest, as recorded by the authorised officer in accordance …

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court
1 year, 7 months ago

SC/ST Atrocities Act | Case Not Made Out For Releasing Accused No Ground To Not Notify Victim Regarding Bail Proceedings: Bombay High Court

Live Law  

The Bombay High Court recently deprecated the practice of some Special Judges under the Scheduled Castes and the Scheduled Tribes Act not properly reflecting the submissions of victims as per Section 15A of the Act in their orders. “the present order does not speak that the notice was issued to the informant and he was heard in view of the …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC
2 years, 3 months ago

Accused Under SC/ST Act Cannot Directly Move High Court For Anticipatory Bail, Must Approach Special Courts First: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has ruled that an accused under the Scheduled Castes and the Scheduled Tribes Act, 1989 is first required to approach the Special Court for anticipatory bail as the high court's original jurisdiction under Section 438 CrPC in such cases stands excluded.Dismissing an anticipatory bail plea of an accused who had directly approached. The Punjab …

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber
2 years, 7 months ago

SC-ST Act | Victim's Presence When Insulting Remarks Are Made Includes "Online Presence": Kerala HC Denies Pre-Arrest Bail To YouTuber

Live Law  

The Kerala High Court on Tuesday denied pre-arrest bail to a YouTuber who allegedly insulted a woman belonging to a Scheduled Tribe through an interview published on social media on the ground that a prima facie case under the Scheduled Castes and Scheduled Tribes Act was made out against him. Public Prosecutor Noushad K. A submitted that the benefit of …

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals
3 years, 4 months ago

'Atrocities Against SC-STs Not A Thing Of Past': Supreme Court Says 'Shoddy Investigation' Reason For Many Acquittals

Live Law  

"Atrocities against members of the Scheduled Castes and Scheduled Tribes are not a thing of the past. ", the Supreme Court remarked in its judgment holding that the requirement under Section 15A of SC-ST Act of issuing notice of a court proceeding to a victim or a dependent is mandatory. The bench headed by Justice DY Chandrachud observed that many …

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims
4 years ago

Wrongful prosecution: plea in Supreme Court seeks guidelines for compensating victims

The Hindu  

A petition has been filed in the Supreme Court highlighting need for the government to frame guidelines for compensating victims of wrongful prosecution by the police or authorities. “Surprisingly, India, with a population of around 1.5 billion, has no effective statutory/legal Mechanism for the wrongful prosecutions due to police and prosecutorial misconduct resulting in a pandemic of false cases which …

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court
4 years, 2 months ago

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court

Live Law  

The Allahabad High Court on Wednesday observed that after the lodging of FIR, the arrest can be made by the police at will and that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The matter before the Court The Bench was hearing an anticipatory bail plea filed on …

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply
4 years, 2 months ago

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply

Live Law  

In a significant judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe Act, 1989 held that the anticipatory bail application under Sec. POINTS OF CONSIDERATION BEFORE THE BENCH The High Court while dealing with the grant of …

The SC/ST Act- Reduced To Yet Another Footnote In The Quest For Social Justice?
4 years, 4 months ago

The SC/ST Act- Reduced To Yet Another Footnote In The Quest For Social Justice?

Live Law  

"A caste system gives us false comfort, makes us feel that the world is in order, that we automatically know the good guys from the bad guys." Towards the end of the movie we once again see an exchange of letter from between Siddharth and Geeta where Geeta, now living and working in the same village, informs Siddharth that yes …

Plea In SC Seeks Direction To Avoid Coercive Action Against Trivial Offences For Violation Of Lockdown [Read Application]
4 years, 11 months ago

Plea In SC Seeks Direction To Avoid Coercive Action Against Trivial Offences For Violation Of Lockdown [Read Application]

Live Law  

An Intervention Application has been filed in a bid to portray to the Supreme Court of India that thousands of arrests have been taking place for trivial offences, which is causing a burden on the police as well as the judicial system during the period of the national lockdown imposed in the wake of the COVID-19 pandemic. The IA has …

SC/ST Act valid, rules apex court
5 years, 1 month ago

SC/ST Act valid, rules apex court

Deccan Chronicle  

New Delhi: The Supreme Court on Monday upheld the amendment to the SC/ST Act by which Parliament had restored the stringent provisions of the law which were watered down by the court by its March 2018 judgment. Upholding the amendments to the SC/ST Act brought in to neutralise the dilution of the stringent provisions by the Supreme Court’s 2018 ruling, …

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused
5 years, 1 month ago

Supreme Court upholds Centre's 2018 amendments in SC/ST Atrocities Act, says no provision of anticipatory bail for accused

Firstpost  

The top court also upheld Centre’s directive that anticipatory bail to the accused charged with atrocities against SC/ST will not be provided. No prior approval of appointing authorities for senior police officers is needed to file FIRs in cases of atrocities on SC and ST. #SupremeCourt upholds Govt's 2018 amendments in the SC/ST Act: * Preliminary enquiry not a must …

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail
5 years, 1 month ago

Supreme Court upholds SC/ST Amendment Act, new law has no provision for anticipatory bail

India Today  

Supreme Court on Monday upheld the constitutional validity of the Scheduled Castes and Scheduled Tribes Amendment Act of 2018 enacted to nullify the effects of the March 20, 2018 judgment of the court which had diluted the provisions of the Act. In its September 30 verdict, the Supreme Court's three-judge bench had recalled its March 20, 2018 order that had …

Supreme Court: No time frame for pre-arrest
5 years, 1 month ago

Supreme Court: No time frame for pre-arrest

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday said that grant of pre-arrest or anticipatory bail to an accused apprehending arrest should not “invariable” be saddled with any time frame as it refused to interfere with the scheme under the Code Criminal Procedure as framed by the parliament. It should inure in favour of the accused without any restriction on time,” …

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]
5 years, 3 months ago

Anticipatory Bail Can Be Granted In Cases Under SC/ST Atrocities Act : Madras HC [Read Order]

Live Law  

"A petition for anticipatory bail is maintainable even if the case has been registered under the Scheduled Castes and the Scheduled Tribes Act, 1989 ", stated the High Court of Madras led by bench, Justice G.R. based on this, it was held that the court has the power to grant anticipatory bail even in cases arising under the Scheduled Castes …

Supreme Court restores arrest rule in SC, ST cases
5 years, 5 months ago

Supreme Court restores arrest rule in SC, ST cases

Deccan Chronicle  

New Delhi: The Supreme Court on Tuesday said that laws to curb social discrimination are misused on account of human failing, and not because the castes or tribes sought to be protected were taking advantage of the law. Caste is not attributable to such an act.” “There is no presumption that the members of the Scheduled Castes and Scheduled Tribes …

Supreme Court recalls 2018 order diluting provisions of arrest under SC/ST Act, says struggle for equality not yet over
5 years, 5 months ago

Supreme Court recalls 2018 order diluting provisions of arrest under SC/ST Act, says struggle for equality not yet over

Firstpost  

The Supreme Court on Tuesday recalled its direction in the 20 March 2018 verdict which had virtually diluted provisions of arrest under the Scheduled Caste and Scheduled Tribes Act New Delhi: The Supreme Court on Tuesday recalled its direction in the 20 March 2018 verdict which had virtually diluted provisions of arrest under the Scheduled Castes and Scheduled Tribes Act. …

SC/ST Act: Supreme Court recalls directions of March 2018 verdict
5 years, 5 months ago

SC/ST Act: Supreme Court recalls directions of March 2018 verdict

India TV News  

The Supreme Court on Tuesday recalled its direction in the March 20, 2018 verdict which had virtually diluted provisions of arrest under the SC/ST Act. Indicating that it would pass certain directions to "bring in equality" as per provisions of the law, the top court had said people belonging to scheduled castes and scheduled tribes are subjected to "discrimination" and …

Amended SC-ST Act Does Not Limit Court's Jurisdiction To Grant Anticipatory Bail In Cases Where No Offence Is Made Out: Calcutta HC
6 years ago

Amended SC-ST Act Does Not Limit Court's Jurisdiction To Grant Anticipatory Bail In Cases Where No Offence Is Made Out: Calcutta HC

Live Law  

The Calcutta High Court has granted anticipatory bail to a journalist who was charged under section 3 of the Scheduled Castes and Scheduled Tribes Act, 1989. The bench comprising Justice Joymalya Bagchi and Justice Manojit Mandal observed that, notwithstanding incorporation of section 18A into the Act, limited jurisdiction of the Court to examine the uncontroverted allegations in the FIR to …

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]
6 years, 5 months ago

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral.In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and …

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]
6 years, 5 months ago

Duty of Every Citizen To Protect Self-Respect & Honour Of Members Of SC/ST Community: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court on Wednesday refused to grant bail to two accused arrested last year after a video showing two nine-year-old Dalit boys being beaten up and paraded naked for allegedly trying to pilfer a snack item went viral.In doing so, Justice AM Badar noted that the accused have been booked under Scheduled Castes and Scheduled Tribes Act and …

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]
6 years, 6 months ago

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]

Live Law  

The Supreme Court has been moved, yet again, challenging the Scheduled Castes and the Scheduled Tribes Amendment Act, 2018, saying it bypasses the apex court’s order against arbitrary arrest under the Act and “is an attempt to separate the society unfairly”.The petition filed by India for Rule of Law Foundation and advocate Vikas Parashar prayed for striking. The Supreme Court …

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]
6 years, 6 months ago

Another Plea In SC Against SC-ST Amendment Act, Says It Is ‘Divisive’ For The Nation [Read Petition]

Live Law  

The Supreme Court has been moved, yet again, challenging the Scheduled Castes and the Scheduled Tribes Amendment Act, 2018, saying it bypasses the apex court’s order against arbitrary arrest under the Act and “is an attempt to separate the society unfairly”.The petition filed by India for Rule of Law Foundation and advocate Vikas Parashar prayed for striking. The Supreme Court …

New amendments to SC/ST Act by Parliament cannot be stayed, says Supreme Court; asks for Centre's response on pleas
6 years, 6 months ago

New amendments to SC/ST Act by Parliament cannot be stayed, says Supreme Court; asks for Centre's response on pleas

Firstpost  

The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Wednesday, as it sought the Centre’s response on a batch of pleas challenging the fresh provisions. New Delhi: The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Wednesday, as …

SC/ST Act case in SC: Apex court observes individual cannot be arrested on basis of 'one-sided version'
6 years, 10 months ago

SC/ST Act case in SC: Apex court observes individual cannot be arrested on basis of 'one-sided version'

Firstpost  

The Supreme Court which is hearing the review petition of the SC/ST act made on observation on Wednesday saying that any individual cannot be arrested on one-sided version An individual cannot be arrested on a ‘one-sided version,’ the Supreme Court observed on Wednesday while hearing a review petition against the apex court’s verdict on the SC/ST Atrocities Act. This was …

Supreme Court refuses to stay ruling on SC/ST Act, says order only aims to prevent innocents from being punished
6 years, 10 months ago

Supreme Court refuses to stay ruling on SC/ST Act, says order only aims to prevent innocents from being punished

Firstpost  

The Supreme Court rejected the Centre’s demand for a stay on its verdict on the SC/ST Act and said it favoured the protection of the rights of these communities. The Supreme Court on Thursday rejected the Centre’s demand for a stay on its verdict on the SC/ST Act and said it favoured “100 percent” the protection of the rights of …

Kerala joins centre for SC/ST Act order review
6 years, 11 months ago

Kerala joins centre for SC/ST Act order review

Deccan Chronicle  

New Delhi: Kerala has joined the Centre in moving the Supreme Court seeking review and recall of the March 20 verdict diluting the provisions of SC/ST Atrocities Act by granting protection from arrest to the accused prior to a preliminary probe. In its petition, filed through advocate G. Prakaksh, seeking review of the verdict, Kerala said the verdict has gone …

SC/ST Act Ruling Led To Commotion, Anger & Disharmony: Centre To SC [Read AG’s Written Submissions]
6 years, 11 months ago

SC/ST Act Ruling Led To Commotion, Anger & Disharmony: Centre To SC [Read AG’s Written Submissions]

Live Law  

Also reminding the Supreme Court about 'separation of powers' enshrined in the Constitution, AG K K Venugopal’s written submissions said: “The entire judgment is vitiated by the fact that the court proceeds on the basis that it can legislate and has the power to make laws when none exists”.Vehemently urging the Supreme Court to recall its March 20, 2018 order …

SC-ST Act: MP High Court Denies Anticipatory Bail To Accused, But Observes Arrest Not Warranted [Read Order]
6 years, 11 months ago

SC-ST Act: MP High Court Denies Anticipatory Bail To Accused, But Observes Arrest Not Warranted [Read Order]

Live Law  

Needless to emphasise that except in heinous offences, an arrest must be avoided, the court said.A recent judgment of Supreme Court of India that read down the provisions of the Scheduled Castes and Scheduled Tribes Act, which raked a lot of debates across the country, has been followed by the Madhya Pradesh High Court while disposing an appeal against denial. …

SC-ST Act: MP High Court Denies Anticipatory Bail To Accused, But Observes Arrest Not Warranted [Read Order]
6 years, 11 months ago

SC-ST Act: MP High Court Denies Anticipatory Bail To Accused, But Observes Arrest Not Warranted [Read Order]

Live Law  

Needless to emphasise that except in heinous offences, an arrest must be avoided, the court said.A recent judgment of Supreme Court of India that read down the provisions of the Scheduled Castes and Scheduled Tribes Act, which raked a lot of debates across the country, has been followed by the Madhya Pradesh High Court while disposing an appeal against denial. …

UP BJP MLA welcomes Supreme Court's ruling on SC/ST Act, says Centre's review plea 'politically motivated'
6 years, 11 months ago

UP BJP MLA welcomes Supreme Court's ruling on SC/ST Act, says Centre's review plea 'politically motivated'

India TV News  

Welcoming the Supreme Court's verdict on the SC/ST Act, a BJP MLA in Uttar Pradesh today said the central government's decision to seek a review of the order was "politically motivated". Surendra Singh, the MLA from Baira, said the apex court's March 20 verdict putting safeguards on arrest under the stringent Act "will definitely prove instrumental in safeguarding the humanity". …

Supreme Court refuses to stay order on SC/ST Act, denies any dilution
6 years, 11 months ago

Supreme Court refuses to stay order on SC/ST Act, denies any dilution

Deccan Chronicle  

New Delhi: In a setback to the Centre, the Supreme Court on Tuesday refused to put on hold its March 20 verdict related to the SC/ST Act, asserting that its verdict aims to protect innocents and not dilute the law for checking crimes against Dalits. The Bench, which agreed to hear the Centre’s review petition in open court, said that …

SC/ST Act ruling: Supreme Court refuses to stay order, denies any dilution
6 years, 11 months ago

SC/ST Act ruling: Supreme Court refuses to stay order, denies any dilution

India TV News  

SC/ST Act ruling: Supreme Court refuses to stay order, denies any dilution The Supreme Court is holding an open-court hearing on the review petition filed by the Centre, challenging its order banning automatic arrest and registration of cases for alleged harassment of SCs and STs. The Supreme Court on Tuesday declined to keep in abeyance its March 20 order on …

SC/ST Act: Data shows weak implementation, says Centre
6 years, 11 months ago

SC/ST Act: Data shows weak implementation, says Centre

Deccan Chronicle  

New Delhi: The Union government on Monday moved the apex court seeking review of the recent verdict that arrest is not mandatory under the SC/ST Atrocities Prevention Act and the accused is entitled for anticipatory bail. In the given situation of continuing offences against members of SC/STs it would be more significant and meaningful to affirm the object of the …

Centre moves Supreme Court over mandatory arrest order
6 years, 11 months ago

Centre moves Supreme Court over mandatory arrest order

Deccan Chronicle  

New Delhi: The Union government on Monday moved the apex court seeking review of the recent verdict that arrest is not mandatory under the SC/ST Atrocities Prevention Act and the accused is entitled for anticipatory bail. The court also held that arrest could be effected only after a preliminary enquiry that prima facie case is made out for arrest. Seeking …

SC declines urgent hearing on plea seeking review of verdict on SC/ST Act
6 years, 11 months ago

SC declines urgent hearing on plea seeking review of verdict on SC/ST Act

India TV News  

The Supreme Court on Monday declined an urgent hearing on a plea which sought a stay and review of its recent verdict on SC/ST Act by which certain safeguards were put in place on automatic arrest of individuals. Advocate Manoj Gaurkella, appearing for the employees federation said that the recent verdict passed by the apex court on March 20 was …

Sending the wrong signal: SC order in SC/ST Act case
6 years, 11 months ago

Sending the wrong signal: SC order in SC/ST Act case

The Hindu  

March 29, 2018 12:02 am | Updated December 04, 2021 10:45 pm IST India has over 180 million Dalits. Further, data from the National Crime Records Bureau on which the Supreme Court based its recent judgment that sought to protect public servants and private citizens from arbitrary arrests under the Scheduled Castes and Scheduled Tribes Act, 1989, show that the …

SC/ST Act order: Centre will seek Supreme Court review
6 years, 11 months ago

SC/ST Act order: Centre will seek Supreme Court review

Hindustan Times  

The law ministry on Wednesday cleared the ground for the government to file a review petition in the Supreme Court against the apex court’s decision to ban automatic arrests and registration of criminal cases for suspected offences against underprivileged communities. The law ministry’s advice came hours after Prime Minister Narendra Modi met a delegation of Bharatiya Janata Party and National …

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