Supreme Court issues directions in SC/ST act: No automatic arrest; bail also possible
Under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Supreme Court has given directions in the offense. The Supreme Court has said that there will be no automatic arrest in such cases now. Not only that, the investigation of the allegations is necessary before arrest. The bail can be given before the arrest.
The Supreme Court has considered this act being misused and before the case is registered, the DSP level police officer will conduct an initial investigation. There is no complete restriction on advance bail in this case. Before the arrest of a government officer, permission from his/her High authority will be necessary.
This important decision has come on a petition in Maharashtra. The Supreme Court had reserved the decision after listening to the plea of Center and Amix Curie Amarinder Sharan. The bench had raised some questions during this time. Whether procedural safeguards can be taken for Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 so that external methods are not used?
Can anyone be prosecuted in official capacity due to any unilateral charge and if such allegations are considered false, what protection is there against such misuse? Is the current process of not granting advance bail not a violation under Article 21 of the Constitution?
