The Supreme Court today – Friday, Sep 13 – referred to a three-judge bench its 2018 verdict banning automatic arrests in Dalit atrocity cases bench of three judges.
The top court’s ruling comes on a review petition filed by the Central government against last year’s ruling.
In March 2018, the Supreme Court banned automatic arrests and registration of cases under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
The order had led to loud protests with criticism that this amounted to diluting the law meant to protect the marginalised and oppressed sections.
The court ruling required approval of a police officer of the rank of Superintendent of Police to arrest those accused of an offence under this law. Besides, it required a Deputy SP to conduct a preliminary inquiry to find out if prima facie, a case can be made under the law.
The BJP initially appeared to back the verdict but later changed its stand in the face of widespread anger among Dalit groups and opposition parties targeting the ruling party as anti-Dalit. In protests by Dalit groups, at least seven people were killed and over 100 injured in various parts of the country. The issue was raised in Parliament, where MPs urged the Centre to promulgate an Ordinance to restore the Act.
The Centre then filed a review petition and when nothing came of it, the changes were cancelled by Parliament through the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act of 2018, which nullified the apex court judgment to restore the power of police to carry out immediate arrests in cases of atrocities and denial of anticipatory bail.
Several petitions were filed last year challenging the amendments. The lead petitioner, advocate Prithvi Raj Chauhan, even called the amendments a “blunder” and a violation of the fundamental right to equality and personal liberty. The Supreme Court, however, had refused to stay the implementation of the amendments.
On May 1 this year, the Supreme Court reserved judgment on the review petition after hearing arguments raised by the Centre that the amendments were necessary as the Scheduled Castes and Scheduled Tribes would continue to face the same social stigma, poverty and humiliation that they had been subjected to for centuries.
Today, a bench of justices Arun Mishra and UU Lalit, in a short judgment, referred the petitions to a three-judge Bench.