A plea was today filed before the Supreme Court seeking to declare the fresh amendments in the Scheduled Castes and Tribes (Prevention of Atrocities) Act made by Parliament, as ultra vires.
The plea filed by an advocate alleged that both Houses of the 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.
Parliament on August 9 had passed a bill to overturn the apex court order concerning certain safeguards against arrest under the Scheduled Caste and Scheduled Tribe law. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill was passed by the Rajya Sabha. It had got the nod of the Lok Sabha on August 6.
The bill rules out any provision for anticipatory bail for a person accused of atrocities against SC/STs, notwithstanding any court order. It provides 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.
The legislation also provides that no preliminary enquiry will be required for registering a criminal case and an arrest under this law would not be subject to any approval.
The Supreme Court had on March 20 taken note of the rampant misuse of the stringent SC/ST Act against government servants and held that there shall be no immediate arrest on any complaint filed under the law.
It had 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.
The plea filed by advocate Prithvi Raj Chauhan said the amendment was passed by the voice vote, "without any discussion or debate" while a petition seeking review of the March 20 judgement was still pending before the apex court.
"This rare move was adopted by the respondent (government) to get the political mileage and as the respondent was under pressure from alliance partner and also worried over the prospects of antagonising huge vote bank of Dalits ahead of parliamentary elections," the plea said.
It sought to "declare the provisions inserted in the new amendment of the Scheduled Castes and Tribes (Prevention of Atrocities) Act as ultra vires to the Article 14, 19 and 21 of Constitution of India."
"Stay on the provision of new amendment in Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 during the pendency," it said.
The March 20 judgment had faced a nationwide protest by the various rights organisations.
The apex court had on March 20 virtually diluted the stringent provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act mandating immediate arrest under the law.
The court had said that on "several occasions", innocent citizens were being termed as accused and public servants deterred from performing their duties, which was never the intention of the legislature while enacting the SC/ST Act.
The Centre had later moved the apex court seeking review of the verdict saying it has "diluted" the provisions of the law, resulting in "great damage" to the country.
It had said the verdict, which had dealt with an issue of a "very sensitive nature", has caused "commotion", "anger, unease and a sense of disharmony" in the country.
While hearing the review petition filed by the Centre, the apex court had said that even Parliament cannot allow the arrest of a person without a fair procedure and asserted that it has protected the fundamental rights to life and liberty of innocents by ordering prior scrutiny of complaints.
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