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The 2018 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 has been cleared by the Lok Sabha which makes the Judgment given in Dr. Subash Kashinath Mahajan redundant.
The Amendment has inserted Section 18A which does not require the undertaking of preliminary enquiry and taking the approval before making an arrest and restores the unconditional ban on the grant of anticipatory bail in the event of arrest. It also states that no procedure other than that specified under the act and the CrPC shall apply.
According to Section 41 of CrPC as interpreted in several judgments, it states that the investigating officer can suspect the commission of an offence, he can make an arrest and this decision cannot be taken away from the investigating officer.
In the judgment it was stated that that there will be no bar against the grant of anticipatory bail in case of an offence under the atrocities act, a public servant can only be arrested with the approval of appointing authority and a preliminary enquiry should be conducted before lodging the FIR to make sure that the allegations are not frivolous.
The bench refused to relent even after the Union of India and several states moved the apex court in review.
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