New Delhi: The Supreme Court on Monday upheld the constitutional validity of the SC/ST Amendment Act, 2018, and said a court can grant anticipatory bail only in cases where a prima facie case is not made out.
A bench headed by Justice Arun Mishra said a preliminary inquiry is not essential before lodging an FIR under the act and the approval of senior police officials is not needed.
Supreme Court upholds the constitutional validity of SC/ST (Prevention of Atrocities) Amendment Act, 2018 that ruled out any provision for anticipatory bail for a person accused of atrocities against SC/STs. pic.twitter.com/C2LMBwZiO8
— ANI (@ANI) February 10, 2020
Justice Ravindra Bhat, the other member of the bench, said in a concurring verdict that every citizen needs to treat fellow citizens equally and foster the concept of fraternity.
Justice Bhat said a court can quash the FIR if a prima facie case is not made out under the SC/ST Act and the liberal use of anticipatory bail will defeat the intention of Parliament.
The top court''s verdict came on a batch of PILs challenging the validity of the SC/ST Amendment Act of 2018, which was brought to nullify the effect of the apex court''s 2018 ruling, which had diluted the provisions of the stringent Act. (PTI)
