Full text of YS Jagan's letter to Narendra Modi

The following is the text of a letter written by YSRCP chief Y S Jagan Mohan Reddy to Prime Minister Narendra Modi on Monday over the judgment in Subhash Kashinath Mahajan v The State of Maharashtra.

Shri Narendrabhai Modi ji
Hon’ble Prime Minister,
Government of India,
New Delhi.

Respected Sir,

You may be aware that the Hon’ble Supreme Court, in their Judgment delivered on 20th March, 2018 in Dr. Subhash Kashinath Mahajan vs. The State of Maharashtra and ANR, held that the arrest of the accused under SC and ST (Prevention of Atrocities) Act, 1989 is no more mandatory.

The Hon'ble Court ordered that the arrest of a public servant (under the atrocities act) can be done only after approval of the appointing authority and of a non-public servant after approval by the Superintendent of Police; which may be granted
in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinised by the magistrate for permitting further detention.

Sir, We YSRCP strongly believe that this judgment of the Hon'ble Supreme Court may dilute the very spirit of the Act. This restraint on the arrest of the accused may help the powerful accused rather than the vulnerable victim and may also hamper the investigation.

The apex court’s decision to lay down stringent "safeguards" for the arrest of the accused under the SC and ST (Prevention of Atrocities) Act, 1989, may undermine the court's own formidable record as a custodian of the rights of the most underprivileged.

Given the fact that not a single day passes in the Country without atrocities being committed against SCs and STs in several parts of the Country on each day, dilution of this important Act will further demoralize the SCs and STs, who continue to be amongst the most deprived and hapless citizens of our Country, notwithstanding all the progress that we have achieved in various fields postIndependence.

They still suffer from inequality of opportunity, illiteracy, malnutrition and squalor.
Even a person like Mr. Chandrababu Naidu, who has been in public life for 40 years and Chief Minister of one of the most progressive States for 13 years, had the audacity to say “if only anybody is given a chance, why would he like to be born in Schedule Caste community".

In another instance, the state Marketing and Warehousing Minister, Mr. Ch. Adi Narayana Reddy has made caustic remarks against SC community. He said, "SCs are unclean, ugly looking and do not carry themselves in a dignified way." This view of him demonstrates the feudal mindset of ruling class in the State and the manner in which they look down the Dalits. If this is the mind set of people who are in public life, what about others?

Though our Constitution aims to establish a "casteless society", the Government must provide the level playing field for the oppressed sections until such objective is realised. Hence, It is respectfully submitted that we cannot afford any dilution to this important SC and ST (Prevention of Atrocities) Act, 1989. I therefore request you to kindly refer the matter to Hon’ble Supreme Court for review.