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SC to examine provisions of Prevention of Atrocities Act.
Recently, The Supreme court examined the provisions of the Prevention of Atrocities Act, 1989 of Scheduled castes and Scheduled Tribes after a careful study of the latest case i.e., “Dr Subhash Kashinath Mahajan v The State of Maharashtra”. It reflected on the Special leave petition submitted against the Bombay High Court for repudiating to repeal the FIR lodged for the accusations made against Mr. Subhash. The bench consisting of Justice A K Goel and Justice U U Lalit, in the appeal the ground to impeach those officers who had dealt in with the matters with official capacity and the protection obtained against such unilateral allegations.
The Court had cautiously examined the proceedings which can lead to arrest or impeachment of the person and may also lead to infringement of the right to liberty even on the false complaints. The Court had also analyzed the procedural aspects and consequences under Article 21 of the Constitution of India and also the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The High Court had addressed this matter by saying that, the enforcement of the Act cannot be hindered merely because of the possibility of the law being oppressed. It had also contended that information given to the public servant does not lead to any consequences and none of the offences would be punishable as per Section 3(1) (ix) of the Act. The Supreme court had stayed the High court Judgment and had posted the matter by issuing notice on 10th January, 2018.
