SC/ST Atrocities Act: RPI(A) files review petition against Supreme Court Order

SC/ST Atrocities Act: RPI(A) files review petition against Supreme Court Order

The petition states that since the validity of Section 18 has been upheld by means of a department bench of the Supreme Court, it can not be “altered or diluted or correctly over-dominated” with the aid of any other bench of the identical energy and consequently the judgment is liable to be set apart on this ground alone.

The Ramdas Athawale-led Republican Party of India (RPI-A) has filed a evaluation petition within the Supreme Court in opposition to last month’s apex court ruling at the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The petition, filed ultimate week via RPI(A) below the call of its countrywide Vice-president and Supreme Court endorse Mithilesh Kumar Pandey, states that the petitioner is a prominent political party in India representing the interests of SC/ST groups. Of the 3 instructions given through the Supreme Court bench of Justices U U Lalit and A K Goel regarding “misuse” of the Atrocities Act, the RPI(A) petition mainly challenges the one concerning Section 18 of the Act.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

On Section 18, the court order within the Subhash Mahajan as opposed to The State of Maharashtra case held that “there is no absolute bar against supply of anticipatory bail in instances underneath the Atrocities Act if no prima facie case is made out”. The RPI(A) petition points out that Section 18 of the Atrocities Act “unambiguously states that Section 438 of the Criminal Procedure Code, 1974 (Anticipatory Bail) shall haven’t any utility in appreciate of offences under the Atrocities Act”. It mentions that during Ram Krishna Balothia vs State of Madhya Pradesh case, the High Court had in 1995 held that Section 18 of the Atrocities Act is unconstitutional and violative of Article 21 of the Constitution. However, as recently as 2017, the Supreme Court reversed the judgment of High Court and upheld the constitutional validity of Section 18.

The petition states that since the validity of Section 18 has been upheld by way of a division bench of the Supreme Court, it cannot be “altered or diluted or efficiently over-ruled” by using any other bench of the identical power and hence the judgment is at risk of be set aside on this floor alone.

The petition also points to the truth that information collected during the last several decades indicates that Dalits and Adivasi communities in India had been denied their right to stay with dignity. It says, “The country has did not create an ecosystem in which Scheduled Castes and Scheduled Tribes are not omitted or are not victimised.”

Pandey stated, “The court docket will listen us once the pleadings of the Government of India and Maharashtra authorities are finished.”

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