Centre approaches SC, seeks urgent hearing on recall of amendments

The Centre on Friday approached the Supreme Court seeking an urgent hearing to its review petition for recall of the amendments made to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by way of a judicial order passed on March 20. The Court has listed the petition for hearing on May 3.

Attorney General KK Venugopal mentioned the matter before a bench headed by Justice Adarsh K Goel for early listing as almost a month had elapsed since the matter was last heard on April 2.

The Centre submitted in its recall petition that the Court decision introducing pre-arrest sanction by police had diluted the Act and defeated the purpose of the law to protect the SC/ST community against atrocities.

On the date when the matter was last heard, the bench of Justices Goel and UU Lalit had directed listing of the case after filing of written submissions by Centre. A-G submitted that besides submissions of Centre, four other states had also filed separate review petition challenging the March 20 verdict.

The apex bench justified its direction by citing harsh provisions of the Act prohibiting anticipatory bail to accused.

In order to ensure innocent persons are not falsely implicated under such cases, the Court directed police to obtain sanction from appointing authority before charging a public servant and SSP in case of non-public servant.

Besides, the Court directed the police to conduct a preliminary probe whether a prima facie case is made out before filing of a complaint under the Act.