A day after widespread violence was witnessed against the Supreme Court order on SC/ST Act, the apex court on Tuesday refused to stay its earlier order. The court will take up the issue again after 10 days, it is learnt.
The Central government had filed a review petition in the Supreme Court on Monday against the March 20 order that allegedly diluted certain provisions of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989.
On March 20, a two-judge bench had ruled that no one can be arrested under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act without prior permission.
The court also ruled that an anticipatory bail can be granted if “no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide”.
The bench said a public servant can be arrested under the Act only after permission is obtained from the appointing authority.
In case the accused is not a public servant, the court said that the approval of the Senior Superintendent of Police (SSP) will be necessary.
The apex court also said that a preliminary enquiry to ascertain the genuineness of the allegations can be made by a police officer of the rank of Deputy Superintendent of Police (DSP
According to media reports, the government was under severe pressure from its allies and the opposition to file the review petition.
On March 28, a delegation of Dalit Ministers and MPs led by Union Minister Ram Vilas Paswan had met Prime Minister Narendra Modi and discussed issues arising out of the Supreme Court’s order.
On the same day, leaders of several opposition parties met President Ram Nath Kovind and sought his intervention to press the government to file a review petition before the Supreme Court over its verdict diluting the SC/ST Act.
The delegation included leaders from the Congress, the Communist Party of India-Marxist, the Bahujan Samaj Party, the Samajwadi Party, the DMK and the Nationalist Congress Party.