Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Protection of Civil Rights Act, 1955 (22 of 1955) Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989 (33 of 1989) Constitution of India, Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – s.18A – Challenge to – Petitioners challenged s.18A which was enacted owing to the judgment of Supreme Court in Dr. Subhash Kashinath case reported as [2018] 4 SCR 877, mainly because of direction nos.(iii) to (v) contained in para 83 inter alia w.r.t holding preliminary inquiry for registration of FIR, necessity to obtain approval of the appointing authority concerning arrest of a public servant and of the SSP in other cases – Union of India filed review petitions – Allowed – Direction nos. (iii) to (v) recalled – Held: Per Arun Mishra and Vineet Saran, JJ. – Provisions made in s.18A are rendered of academic use as they were enacted to take care of mandate issued in Dr. Subhash Kashinath case which no more prevails – A preliminary inquiry is permissible only in the circumstances as per law laid down by Constitution Bench in Lalita Kumari case – Further, concerning the applicability of provisions of s.438, CrPC, it shall not apply to the cases under 1989 Act – However, if the complaint does not make out a prima facie case under 1989 Act, the bar created by s.18 & 18A(i) shall not apply – In exceptional cases, power can be exercised u/s.482, CrPC for quashing cases to prevent misuse of provisions on settled parameters, as observed in the review petitions – Per S. Ravindra Bhat, J. (Supplementing) Any interference with the provisions of the Act, particularly with respect to the amendments precluding preliminary enquiry, or provisions which remove the bar against arrest of public servants accused of offences punishable under the Act, would not be a positive step – Various reports, official data including those released by the National Crime Records Bureau, paint a dismal picture – While considering any application seeking pre-arrest bail, the High Court has to balance the two interests: i.e. that the power is not so used as to convert the jurisdiction into that u/s.438, CrPC, but that it is used sparingly and such orders made in very exceptional cases where no prima facie offence is made out as shown in the FIR – Further also, if such orders are not made in those classes of cases, the result would inevitably be miscarriage of justice or abuse of process of law – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amednment Act, 2018 – Constitution of India – Arts.14, 15, 17, 21, 23 & 24 – Code of Criminal Procdure, 1973 – ss.438 and 482 – Untouchability (Offences) Act, 1955 – Civil Rights Act, 1955. |
Judge | Hon'ble Mr. Justice Arun Mishra Hon'ble Mr. Justice S. Ravindra Bhat |
Neutral Citation | 2020 INSC 157 |
Petitioner | Prathvi Raj Chauhan |
Respondent | Union Of India & Others |
SCR | [2020] 2 S.C.R. 727 |
Judgement Date | 2020-02-10 |
Case Number | 1015 |
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