SC / ST Act does not require preliminary inquiry for arrest, Supreme Court upholds Center amendments

New Delhi,Feb 10(HS): The Supreme Court’s gave its ruling on the petitions challenging the validity of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act 2018 (SC / ST Act). 

The Supreme Court has now made it clear that there is no need for a preliminary inquiry before arresting under this law. The court also said that it would not be mandatory to get permission from any authority before registering an FIR in such cases. At the same time, the court said that for the cancellation of the FIR against itself, the accused person can go to the court.

In the year 2018, after the Supreme Court’s decision on the SC / ST Act, the Modi government made several amendments to this law. The bench of Justices Arun Mishra, Justice Vineet Saran and Justice Ravindra Bhat upheld these amendments and clarified that it would not be mandatory to seek permission from any authority before filing an FIR in such cases.

Earlier, the Supreme Court had said in its decision on 20 March 2018 that under the SC-ST Act, the arrest cannot be done without investigation. After the Supreme Court’s decision on this act, there were protests across the country, after which the Narendra Modi’s government of the Center made several amendments to this law. The Central Government had also filed a review petition, disagreeing with the decision of the two-judge bench of the Supreme Court.

Hindusthan Samachar / Radha