Supreme Court To Allow Government’s Review Petition Against Dilution Of SC/ST Act

The Supreme Court on Tuesday (1 October) allowed the petition of Central government seeking review of the apex court’s judgement last year which had virtually diluted provisions of arrest under SC/ST Act, reports LiveLaw.

A three judge bench comprising of Justices Arun Mishra, MR Shah and BR Gavai allowed the Centre’s petition to review the two judge-bench judgement in March 2018 and observed that powers under Article 142 of the Constitution could not have been exercised to pass directions against the statute.

The apex court also said that the two-judge bench should not have framed guidelines as it is within legislature’s domain to do so. Further, the Court observed that the protective nature of the Act was necessary in view of the abuses to which people from marginalised communities are being subjected to. It also added that isolated instances of misuses of the provisions of the Act do not justify directions by the Court to dilute them.

The two-judge bench of Justices UU Lalit and AK Goel had delivered the judgement diluting provisions of arrest under the SC/ST Act last year.

The Centre had filed a review petition in the matter following which a two judge bench comprising of Justices Arun Mishra and UU Lalit had referred the petition to a three judge bench on 13 September. On 18 September, the three judge bench had reserved the orders on the review.