New Delhi: The Supreme Court Thursday said it would not “dilute” the provisions of the SC/ST Act, 1989 and made it clear that its Constitution bench had already held that anticipatory bail could be granted in such matter if the courts feel that no prima facie case is made out.
The apex court reserved its verdict on the petitions challenging the validity of 2018 amendments to The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 that had nullified the directions in its verdict last year on March 20, diluting the provisions of arrest under the law.
A bench headed by Justice Arun Mishra said the top court had on October 1 recalled the two directions passed last year by its two-judge bench and restored the earlier position of the law.
“We are not diluting these provisions. We are not striking them down. These provisions will stand as it was earlier,” said the bench, also comprising justices Vineet Sharan and S Ravindra Bhat.
The top court said it would clarify on the two aspects — one related to anticipatory bail for offences lodged under the Act and the other regarding provision of holding preliminary enquiry by the police before taking action under the law. It observed that there cannot be an absolute bar on either grant of anticipatory bail or holding of preliminary enquiry under the Act.
The apex court had in January this 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. (PTI)
