A fresh plea has been moved in the Supreme Court today challenging the amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, claiming it to be a violation of Article 14 and 21 of the Constitution.
A bench of justices A K Sikri and Ashok Bhushan directed that the matter will be listed alongwith other pending matters.
Advocate Varinder Sharma, appearing for petitioners advocates Suman Rani and Hira Lal Trivedi, said that the amendments made to the 1989, are violative of fundamental rights given under the Constitution.
The petition sought setting aside of the addition of Section 18A to the Act, which supersedes the apex court judgment delivered on March 20 by the apex court, which virtually diluted provisions of arrest under SC/ST Act.
The March 20 judgment had led to a nationwide protest by the various rights organisations.
The petition claims that by the "enactment of Section 18A, the respondent (Union of India) has clearly ignored the order of the court".
The apex court in its March 20 verdict has found that Section 18 of the old Act (denying anticipatory bail to person accused of offence under SC/ST ACt) is violative of the Article 14 and 21 of the Constitution.
Section 18A of the amendment Act provides, "The investigating officer shall not require approval for the arrest if necessary of any person against whom an accusation of having committed an offence under this Act has been made and no procedure other than that provided under this Act or the code."