SC ST act – The implication/interpretation of judgement by Supreme court

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – In view of acknowledged abuse of law of arrest in cases under the Atrocities Act, arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the Magistrate for permitting further detention.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 – To avoid false implication of an innocent, a preliminary enquiry may be conducted by the DSP concerned to find out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous or motivated.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 -Any violation of directions will be actionable by way of disciplinary action as well as contempt – The directions are prospective.

Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra [Supreme Court of India, 20-03-2018]_

Randheer Kumar Sinha, Advocate,
chamber no.-725, lawyers block, Saket court, Saket, new Delhi -110017,
mob no – 9891390540

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