The court had explained its ruling on the grounds that it is necessary to protect public functionaries from discharging their duties: File photoNew Delhi: The centre Monday moved the Supreme Court seeking review of its recent judgement by which safeguards were put on the provisions for immediate arrest under the SC/ST Act.
The government, in its review petition, told the Supreme Court that its March 20 verdict will violate Article 21 of the Constitution for the SC/ST communities and sought restoration of the provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The apex court had on March 20 said that on "several occasions", innocent citizens were being termed as accused and public servants deterred from performing their duties, which was never the intention of the legislature while enacting the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
The top court had said that unless the exclusion of anticipatory bail is limited to "genuine cases and inapplicable to cases where there no prima facie case was made out, there will be no protection available to innocent citizens".
It had said that "in view of the 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 senior superintendent of police (SSP) which may be granted in appropriate cases if considered necessary for reasons recorded."
The top court had also directed that the reasons recorded must be scrutinised by the magistrate for permitting further detention.
Rejects urgent hearing
The Supreme Court today declined an urgent hearing on a plea which sought a stay and review of its recent verdict on SC/ST Act by which certain safeguards were put in place on automatic arrest of individuals.
All India Federation of SC/ST organisations, a conglomerate of nearly 150 employees groups, said large-scale nationwide violence has taken place in which several people have lost their lives and therefore the petition should be heard urgently.
A bench of Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud said that the petition will be heard in due course of time.
