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No immediate arrest of public servants in SC/ST Act cases: Supreme Court

Before arresting a public servant under the SC/ST Act, a preliminary probe by an officer not below the rank of DySP is a must, says SC

No immediate arrest of public servants in SC/ST Act cases: Supreme Court

Supreme Court of India (Photo: IANS/File)

The Supreme Court today took note of the rampant misuse of the stringent SC/ST Act against government servants and held that there would be no immediate arrest on any complaint filed under the law.

Before arresting a public servant under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the court said, a preliminary probe by an officer not below the rank of deputy superintendent of police was a must.

A bench of Justice Adarsh Goel and Justice U U Lalit said there would be no absolute bar for granting anticipatory bail to public servants booked under the stringent provisions of the law.

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The two-judge bench was examining the question whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 are not abused for extraneous considerations. It was hearing an appeal filed by Dr Subhash Kashinath Mahajan against the Bombay High Court judgment refusing to quash an FIR lodged against him for offences alleged under the Act.

The bench, which passed a slew of directions, said a public servant could be arrested in cases lodged under the SC/ST Act only after prior approval by the competent authority.

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