New Delhi: In a significant judgement, the Supreme Court on Monday upheld the constitutional validity of the SC/ST Amendment Act, 2018.
The apex court noted that the court can grant anticipatory bail only when prima facie case is not made out. The key observations include — preliminary inquiry not a must into the case; No prior approval of appointing authority or senior cops required before FIRs; anticipatory bail provision not available; and courts can however quash FIRs in exceptional circumstances.
A bench headed by Justice Arun Mishra said that before registering an FIR under the Act it is not mandatory to conduct a preliminary inquiry into the matter, and also senior officials’ approvals is also not required. justice Ravindra Bhat, other judge on the Bench, said citizens should treat each other with equality emphasizing that the liberal use of anticipatory bail will run contrary to the intention of Parliament.
The top court’s verdict came on a batch of PILs challenging the validity of the SC/ST Amendment Act of 2018, which was brought to nullify the effect of the apex court’s 2018 ruling, which had diluted the provisions of the stringent Act. The apex court had in January last year refused to stay the 2018 amendments to the SC/ST Act, which restored the provision that no anticipatory bail be granted to the accused in offence lodged under this law. (Agencies)
