Arrest of accused will be done immediately by filing FIR
New Delhi: The Supreme Court on Monday will pronounce its judgment on pleas challenging SC/ST (Prevention of Atrocities) Amendment Act, 2018 that rules out any provision for anticipatory bail for a person accused of atrocities against SC/STs.
A Bench of Justice Arun Mishra, Justice Vineet Saran and Justice Ravindra Bhat will pronounce the verdict on pleas challenging the Act.
In October last year, 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.
“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,” it observes.
The Apex 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 observed that with regard to anticipatory bail, the judgment 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 old provision would be restored stand in the light of the review judgment delivered on September 30, 2019, the Court had remarked.
By September 30 verdict, the apex court’s three-judge bench had recalled its March 20, 2018 order that had diluted the stringent provisions of the SC/ST Act while restoring automatic arrest in such cases.
It had also recalled order on the preliminary probe by the police before the arrest.