Can't undo Parliament nod to arrest provisions as it is law now: SC

| | New Delhi
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Can't undo Parliament nod to arrest provisions as it is law now: SC

Saturday, 08 September 2018 | PTI | New Delhi

The new amendments to the SC/ST law passed by Parliament cannot be stayed at this stage, the Supreme Court said Friday, as it sought the Centre’s response on a batch of pleas challenging the restored provisions.

The pleas have sought declaration of the new amendments to the Schedule Castes and Schedules Tribes (Prevention of Atrocities) Act as ultra vires.

Parliament on August 9 had passed the Bill to overturn the apex court order concerning certain safeguards against arrest under the SC/ST law.

The new amendment had overturned the March 20 order on rampant misuse of the stringent SC/ST Act and held that there shall be no immediate arrest on any complaint filed under the law. It had also passed a slew of directions and said a public servant can be arrested in cases lodged under the SC/ST Act only after prior approval by the competent authority.

On Friday, a Bench of Justices AK Sikri and Ashok Bhushan issued notice to the Centre and sought its response in six weeks.

Counsel for petitioner Prathvi Raj Chauhan said the Bench should at least stay the operation of the new provisions till the petition is being heard by the court.


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