SC fiat on checking SC/ST Act misuse

New Delhi: The Supreme Court on Tuesday took note of the rampant misuse of the stringent Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act against government servants and held that there shall be no immediate arrest on any complaint filed under the law.

Before arresting a public servant under the SC/ST Act, a preliminary probe by an officer not below the rank of deputy superintendent is a must, the court said. A bench of Justices Adarsh Goel and U U Lalit said there shall be no absolute bar for granting anticipatory bail to public servants booked under the stringent provisions of the law.

The bench, which passed a slew of directions, said a public servant can be arrested in cases lodged under SC/ST Act only after prior approval by the competent authority. The court was hearing an appeal filed by Subhash Kashinath Mahajan against a Bombay High Court ruling refusing to quash the FIR lodged against him for offences alleged under the Act.

The court further observed, “If the allegation is to be acted upon, the proceedings can result in arrest or prosecution of the person and have serious consequences on his right to liberty even on a false complaint which may not be intended by law meant for protection of a bona fide victim.”