SC says no immediate arrest needed in complaints under SC/ST Act against govt servants, notes rampant misuse of law
SC took note of the rampant misuse of the stringent Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against government servants and held that there shall be no immediate arrest.
New Delhi: The Supreme Court on Tuesday took note of the rampant misuse of the stringent Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against government servants and held that there shall be no immediate arrest on any complaint filed under the law.
Before arresting a public servant under the SC/ST Act, a preliminary probe by an officer not below the rank of deputy superintendent is a must, the court said.
A bench of Justices Adarsh Goel and UU Lalit said there shall be no absolute bar for granting anticipatory bail to public servants booked under the stringent provisions of the law.
The bench, which passed a slew of directions, said a public servant can be arrested in cases lodged under SC/ST Act only after prior approval by the competent authority.
Various judges however ordered the government to take additional safety measures.
Calls for a fresh push for the demand have followed the Supreme Court's 5 May decision that held that total reservations cannot breach the 50 percent ceiling.
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