Government to file SC/ST review petition today
Union government will file a review petition regarding the Scheduled Caste and Scheduled Tribe Protection Act today.
Union Minister of Law Ravi Shankar Prasad took to his Twitter account on Sunday to inform that the Union Government on Monday will file a review petition against the Supreme Court judgment regarding the legal clause of immediate arrest and registration of alleged cases under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.
"Review petition by the Government against the SC judgment on SC/ST Protection Act shall be filed positively on Monday, April 2" Prasad tweeted.
Review petition by the Government against the SC judgement on SC/ST Protection Act shall be filed positively on tomorrow, Monday, April 2— Ravi Shankar Prasad (@rsprasad) April 1, 2018
The opposition has been pressing the Centre to file a review petition against the recent top court ruling that diluted the provisions for immediate arrest under the SC/ST Act.
On March 20, the apex court, in a bid to check misuse of the SC/ST Act, ruled that preliminary enquiry in a case under the Atrocities Act would be done by the DSP to ensure the allegations are not frivolous, and to avoid the false implication of an innocent.
The court also held that a government official cannot be prosecuted on a mere allegation of committing an offence under the Act without the sanction of the appointing authority.
Further, the Supreme Court noted that a public servant can be arrested after granting of approval by some senior officer.