India / Supreme Court upholds constitutional validity of SC/ST Amendment Act 2018

New Delhi: The Supreme Court on Monday (February 10) upheld the SCs/STs Amendment Act 2018 that rule out any provision for anticipatory bail for a person accused of atrocities against SC/STs. The Act was enacted to nullify the effects of the March 20, 2018 judgment of the top court that had diluted the provisions of the Act.

A Bench of Justice Arun Mishra, Justice Vineet Saran and Justice Ravindra Bhat pronounced verdict on pleas challenging the Scheduled Castes & Scheduled Tribes (SCs/ STs) (Prevention of Atrocities) Amendment Act, 2018.

The SC bench 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 are 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.

In October 2019, the Bench had given a hint that it will uphold amendments made by the Centre in SC/ST Act to restore immediate arrest and ban anticipatory bail, observing "We are not diluting any provisions... these provisions will not be struck down. Law should be as it was... They will be left as it was prior to the judgement on review petition and amendments in the Act." 

The top court had also said it will also clarify that police can hold a preliminary probe before taking any action on a complaint under SC/ST Act, in case it is of prima facie view that complaints are false.

The Bench had also observed that with regard to anticipatory bail, the judgement of the Constitution Bench passed earlier had held that anticipatory bail can be granted in cases where a prima facie case under the SC/ST Act is not made out.

The Centre had filed a review petition before the top court asking to review its order passed on March 20, 2018. However, the Centre had made amendments in the Act to overcome the top court`s order diluting the provision of arrest under the law.

The amendments provide that no preliminary inquiry would be required for registering a criminal case and an arrest under this law would not be subject to any approval.

A bunch of pleas opposing amendments to the SC/ST Act was filed in the Supreme Court alleging that Parliament had "arbitrarily" decided to amend the law.