SC to hear review petition on SC/ST judgement at 2 pm
SC decides to hear review petition reg SC/ST judgement
New Delhi, April 3, 2018: The Supreme Court has decided to hear the review petition filed by the central government with regard to the SC/ST judgment at 2 pm on Tuesday in the open court.
The Chief Justice of India (CJI) Dipak Misra on Tuesday decided to constitute a bench after the Attorney-General (AG) KK Venugopal mentioned the matter before the same bench which had passed the judgement on the matter.
Keeping in view the fact that the issue is a sensitive one, Venugopal mentioned before the Supreme Court that the court should hear it today itself.
Amicus Curiae (Friend of the Court), Amrendra Sharan, who is also a senior Supreme Court lawyer, opposed the AG’s submission and said that law and order was the responsibility of the government. Judgement should not be stayed on the ground that law and order is not right or stable.
The apex court in its earlier judgement had on March 20 held that a state government official cannot be automatically arrested on a complaint filed under the Act and sanction of appointing authority was must before taking such action against a public servant.
The Supreme Court, in its judgement, had held that there was no absolute bar for granting the anticipatory bail in atrocities matter.
The top court had said that the preliminary investigation by police was a must now and a sanction by the competent authority would be required in cases against public servants.
A public servant can be arrested after grant of approval by the superior officer. In case of registration of any offence, the DSP shall conduct a preliminary enquiry, the bench of the court said in its judgement.
A division bench of the apex court headed by Justice Adarsh Kumar Goel had passed the judgement on March 20.(agency