The Centre today bluntly told the Supreme Court its verdict on the SC/ST Act is resulting in "great damage" to the country and causing "anger and a sense of disharmony" among the people, as it vehemently urged for a review and recall of its order.
In an apparent damage control move days after the violent nationwide protests against the verdict, the Centre also dubbed the entire judgement on an issue of "very sensitive nature" as "vitiated" and a "judicial legislation". It reminded the apex court of separation of powers between the legislatures, the executive and the judiciary.
The unusually strong criticism of the top court by the Centre came in its written submissions to back its review petition against the March 20 verdict which "diluted" the stringent provisions of the act that seeks to prevent atrocities against scheduled castes and tribes.
The Modi government has come under intense attack from dalit groups and opposition parties including Congress for its alleged failure to defend the act in the top court. But it maintained it was not a party to the case which resulted in the apex court issuing guidelines that bar automatic arrest in cases registered under the law.
Several states were rocked by violence and clashes on April 2 following a 'Bharat Bandh' call given by several SC/ST organisations protesting the order, leaving nine people dead and hundreds injured.
"The confusion created by this judgment may have to be corrected by reviewing the judgment and recalling the directions issued by this Hon'ble Court," the Centre submitted.
Observing that the court had dealt with an issue of a "very sensitive nature", it said the verdict has caused "commotion", "anger, unease and a sense of disharmony" in the country.
The stand of the government came a week after the apex court refused to keep in abeyance its verdict, saying those agitating against its order putting in place certain safeguards on arrests under the 1989 Scheduled Castes and Tribes (Prevention of Atrocities) Act, may not have read the judgement or could have been misled by "vested interests".
The written submissions filed by Attorney General K K Venugopal said "this judgment has diluted, for the reasons stated, the provisions of the Atrocities Act read with the Code of Criminal Procedure, 1973, resulting in great damage to the country."
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