NEW DELHI: To curb misuse of the SC/ST (Prevention of Atrocities) Act, the Supreme Courtroom on Tuesday dominated out computerized registration of first info experiences and arrests in complaints underneath the Act.
Stressing that the regulation mustn’t lead to hatred in the direction of a caste, a bench of justices Adarsh Okay Goel and Uday U Lalit held that there was a necessity for safeguards towards the registration of FIRs and arrests underneath the Act in view of situations of misuse, as noticed within the final three a long time, and to guard the freedom of others.
“The Act can’t be transformed right into a constitution for exploitation or oppression by any unscrupulous particular person or by the police for extraneous causes towards different residents,” the bench stated. The court docket additionally made it necessary for the police to conduct a preliminary investigation to resolve whether or not an FIR deserves to be registered underneath the parameters of the Atrocities Act.
“We’re of the view that circumstances underneath the Atrocities Act additionally fall in distinctive class the place preliminary inquiry should be held,” the court docket dominated, including that even when an FIR is lodged, the accused is not going to be arrested routinely. “There may be have to safeguard harmless residents towards false implication and pointless arrest,” the bench stated.
For a public servant, the court docket stated, permission of the appointing authority could be a should to make an arrest, whereas for others, written permission of the Senior Superintendent of Police or DSP could be obligatory.The court docket additionally interpreted Part 18 of the Act, and dominated there can’t be an absolute bar on granting anticipatory bail in such circumstances.