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Govt approves Bill to overturn SC order, restore original provisions of SC/ST Act

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Govt approves Bill to overturn SC order, restore original provisions of SC/ST Act

Following protests by Dalit groups and BJP ministers against ‘dilution’ of the The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act by the Supreme Court to prevent its abuse, the Modi government, at the Cabinet meeting on Wednesday, August 1, cleared an amendment to the law to overturn the apex court’s order.

A two-judge bench of the Supreme Court comprising Justices AK Goel and UU Lalit had said on March 20 that there were “instances of abuse” of the Act by “vested interests” for political or personal reasons. In their ruling, they laid down guidelines for arrests under the Act “to avoid false implications”.

The court said a preliminary enquiry, not exceeding seven days, may be conducted by a DSP to ensure allegations are not “frivolous or motivated” before a case is registered. It added that a public servant, if accused, can be only be arrested with the permission of the appointing authority. Others can be arrested only after permission is granted from the Senior Superintendent of Police of the district. The SSP will have to record in writing the reason for granting permission and hand it to the accused and the concerned court.

In order to nullify the Supreme Court verdict in the SC/ST Act case, the Central government has proposed a new provision in the statute. The amendment Bill seeks to insert Section 18A in the SC/ST (Prevention of Atrocities) Act, reported News18.

Section 18A tends to override the apex court judgment in March. According to this new Section, there will not be any requirement to conduct a preliminary inquiry before an FIR is to be registered. According to the Bill, any provision for conducting preliminary inquiry will delay the investigation and thus filing of the chargesheet.

The new law would also to do away with the requirement of obtaining permission before arresting a person, including public officials. It says that “arrest, if necessary, of a person shall not require any approval,” reported News18.

The proposed Section also moves to invalidate another directive by the top court by which a provision for pre-arrest bail was sought to be introduced in the statute. “The provision of Section 438 of the CrPC (anticipatory bail) shall not apply to a case under this Act, notwithstanding any judgment or any order of any court,” the proposed law says.

The proposed Bill has already received the approval of the Cabinet and it is likely to be introduced in the ongoing session of the Parliament.

In bringing this amendment, Modi government’s hand was forced by nationwide protests and threat of agitation from various Dalit groups which claimed that the dilution of the Act by the judgment will lead to more discrimination and crime against the backward community.

In protests by Dalit groups, at least seven people were killed and over 100 injured in various parts of the country.

Within the NDA, Dalit MPs, including Udit Raj,  urged the party leadership and the government to take immediate steps to protect the rights of the community while non-Dalit MPs agreed that provisions in the Act were being misused.

Union Cabinet Minister Ram Vilas Paswan and his son and Lok Sabha member Chirag Paswan also threatened a stir on August 9 on the SC/ST Act issue.

Members of the Bheem Army, too, have decided to hold a protest at Jantar Mantar in New Delhi on August 19 demanding changes to the SC/ST Act. “People belonging to scheduled castes, other backward classes and Muslims have been asked to reach Delhi in large numbers,” said Bheem Army national spokesperson Mandeep Singh Nautiyal.

Faced with protests, the Centre had filed a review petition in the top court on April 2. However, said media reports, the Supreme Court refused to stay its ruling and asked all parties to submit detailed replies, leading to the demand from Dalit groups that the government introduce an ordinance or an Amendment Bill to restore the earlier provisions.

Protests intensified when the government appointed Justice AK Goel, who authored the 20 March verdict, as the Chairman of the National Green Tribunal on the day of his retirement from the Court. Dalit MPs in the NDA “expressed concern” over the “wrong message” being sent and wrote to Union Home Minister Rajnath Singh to reconsider Goel’s appointment.

The issue was raised in Parliament, where MPs urged the Centre to promulgate an Ordinance to restore the Act.

During the budget session of Parliament, the government informed the Lok Sabha that there were 47,338 cases of crime against members of the SC/ST in 2016.

In the ongoing monsoon of Parliament, Union Home Minister Rajnath Singh said the Union Cabinet will bring the SC/ST bill in the current session.

The SC/ST Act was originally passed in 1955 by the Parliament as the Untouchability (Offences) Act, recalled a report on news portal Firstpost. It was renamed as the Protection of Civil Rights (PCR) Act in 1976 but the law was considered ineffective in 1980s and replaced with the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act in 1989. In 2015, more offences were brought under its ambit by including acts like tonsuring of head, moustache of backward caste people by upper-castes as a criminal activity.

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Sambhal Court issues notice to Rahul Gandhi over fight against Indian state comment

Rahul Gandhi has been summoned by a Sambhal court over his statement that the opposition is fighting the Indian state, not just BJP or RSS.

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Rahul Gandhi addresses public at party headquarters

The District Judge Court of Sambhal has issued a notice to Congress leader and Lok Sabha Leader of Opposition Rahul Gandhi, seeking his response or appearance on April 4, in connection with a complaint filed over his controversial remark that opposition parties were not merely fighting the BJP or RSS, but the “Indian state” itself.

Statement triggers legal action

The legal proceedings stem from a statement made by Rahul Gandhi on January 15, during the inauguration of the Congress party’s new headquarters ‘Indira Bhawan’. In his address, Gandhi said, “Our ideology, like the RSS ideology, is thousands of years old, and it has been fighting the RSS ideology for thousands of years. Do not think that we are fighting a fair fight. There is no fairness in this. If you believe that we are fighting a political organisation called the BJP or RSS, you have not understood what is going on. The BJP and the RSS have captured every single institution of our country. We are now fighting the BJP, the RSS and the Indian State itself.”

He also commented on the status of Indian institutions and media, suggesting that both were no longer functioning freely or fairly.

Revision petition leads to court summons

Advocate Sachin Goyal, representing complainant Simran Gupta, explained that a case was initially filed in the special MP/MLA court seeking registration of an FIR against Gandhi. However, the Chief Judicial Magistrate (CJM) dismissed the plea citing lack of jurisdiction.

Following this, a revision petition was filed, after which the Sambhal District Judge accepted the complaint and issued a notice to Rahul Gandhi. The court has asked him to either appear in person or file a formal response on or before April 4.

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AAP leader Satyendar Jain faces fresh Rs 7 crore CCTV fraud allegations

Delhi ACB has filed a fresh corruption case against Satyendar Jain, alleging he took a Rs 7 crore bribe to waive penalties in a Rs 571 crore CCTV project. AAP denies all charges.

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AAP Minister Satyendar Jain

The Aam Aadmi Party (AAP) finds itself mired in yet another controversy as former Delhi Health Minister Satyendar Jain faces fresh corruption allegations in connection with a Rs 571 crore CCTV installation project. The Delhi government’s Anti-Corruption Bureau (ACB) has filed a case against Jain, accusing him of taking a Rs 7 crore bribe to waive a Rs 16 crore penalty imposed due to project delays.

According to the ACB’s statement released on Wednesday, the case has been registered under Section 17 of the Prevention of Corruption Act. The allegations stem from the installation of over one lakh CCTV cameras across Delhi’s 70 Assembly segments, with a second order of an additional 1.4 lakh cameras allegedly placed after the initial delay.

The case is reportedly based on the testimony of an official from Bharat Electronics Limited (BEL), who detailed alleged irregularities and “shoddy” installations. The ruling Bharatiya Janata Party (BJP) in Delhi has criticized AAP, accusing the party of suppressing the investigation when it was in power.

BJP Attacks AAP Over Corruption Allegations

Delhi BJP chief Virendra Sachdeva has slammed AAP over the fresh charges against Jain. He alleged that the tender for the Rs 571 crore project was awarded to BEL, and Jain took a Rs 7 crore bribe to waive off financial penalties. “BJP had complained then also… but AAP tried to suppress the investigation. No matter how much you tried to hide corruption, you have to answer now,” Sachdeva stated.

Neither AAP nor Satyendar Jain has responded to the allegations yet.

More Legal Trouble for AAP Leaders

This fresh case adds to the mounting legal troubles for top AAP leaders. Satyendar Jain, who was granted bail in October last year after spending two years in custody in a money laundering case, is also facing prosecution in a disproportionate assets case.

Delhi Chief Minister Arvind Kejriwal and former Deputy CM Manish Sisodia are also battling corruption charges. Kejriwal has been accused of misusing public funds for promotional posters, while Sisodia is embroiled in an alleged Rs 2,000 crore scam linked to classroom construction in Delhi government schools. Jain is also named in this case.

The controversial Delhi liquor excise policy scam also remains under investigation. Last month, a Comptroller and Auditor-General (CAG) report stated that the state suffered a Rs 2,002 crore loss due to policy irregularities.

AAP Denies Charges, Calls It a Political Vendetta

AAP has dismissed all allegations, claiming they are politically motivated and orchestrated by the BJP to tarnish its image. The party has also denied accusations that Kejriwal misused Rs 45 crore of taxpayers’ money for renovating his official residence.

Despite its denials, AAP suffered a massive defeat in the recent Delhi Assembly elections, where the BJP secured 48 of the 70 seats, marking a significant power shift in the capital after nearly three decades.

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CM Hemant Soren assures Sarhul celebrations amid tribal protests over flyover

Tribal groups in Jharkhand protest against a flyover near a sacred site, demanding its removal. CM Hemant Soren assures that Sarhul will be celebrated with traditional fervor.

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Jharkhand Chief Minister Hemant Soren has assured that the state’s biggest tribal festival, ‘Sarhul’, will be celebrated with traditional fervor despite ongoing protests by tribal outfits against an under-construction flyover near a Sarna Sthal, a sacred religious site.

Responding to concerns raised in the Jharkhand Assembly, BJP legislator CP Singh questioned the government over the construction of the flyover in Siram Toli, Ranchi, which tribal communities claim is obstructing access to their religious site. Singh urged the government to resolve the issue before the festival to avoid tensions.

In response, CM Soren acknowledged the issue and assured the people that Sarhul celebrations would not be affected.

Tribal protest intensifies in Ranchi

The tribal outfits staged a 5-km-long “funeral procession” of tribal legislators in Ranchi on Monday as a mark of protest against the flyover’s construction near the Sarna Sthal. The agitators torched effigies of 28 tribal legislators and demanded the removal of the flyover ramp, arguing that frequent traffic movement could disturb the sanctity of the religious site.

In a warning to the state government, the protestors have also called for a Ranchi bandh on March 22 if their demands are not met.

The 2.34-km-long elevated road, which includes a 132-meter section over a railway line, aims to ease traffic congestion by connecting Siram Toli to Mecon. However, its construction has triggered resistance from local tribal groups.

Ruckus in Jharkhand assembly over Giridih violence

Apart from the Sarna Sthal protest, the Jharkhand Assembly also witnessed an uproar over a clash during a Holi procession in Giridih district on March 14. BJP legislators stormed into the well of the House, demanding a special discussion on the state’s law and order situation.

Leader of Opposition Babulal Marandi accused the government of appeasement politics, alleging that the administration remained a mute spectator during the violence. Several people were injured, and shops and vehicles were torched in the incident.

Marandi claimed that police action unfairly targeted one community, stating that while 80 people were booked and 22 arrested, the real culprits were not held accountable. He demanded that FIRs be registered against those responsible for inciting the violence.

The political tension continues to escalate as protests over tribal rights and law enforcement dominate the state’s discourse.

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