Published: Thu, April 19, 2018
Sci-tech | By Brandy Patterson

Bound BJP states to move against Supreme Court order

Bound BJP states to move against Supreme Court order

The centre had filed a review petition earlier this month by saying the verdict had created disharmony.

The court also said that there was no "absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide".

Sources in the Union home ministry indicated that more states will move the apex court and that state governments are with the Centre on the issue of recalling the Supreme Court's earlier order.

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Three BJP-ruled states and Tamil Nadu will move the Supreme Court against its order on the SC/ST Act with the Centre maintaining that state governments are on board in seeking a recall of the verdict, days after violent protests by Dalit groups engulfed several parts of the country.

Both the states of Rajasthan and Madhya Pradesh have taken up the decision to file petitions to seek a review of the last month's Supreme Court verdict that government servants should not be arrested under the SC/ST (Prevention of Atrocities) Act without prior permission and private citizens too can be arrested only after an inquiry under the law. The Act punishes crimes against people belonging to Scheduled Castes and Tribes in addition to providing special protections and rights to victims of atrocities and caste-based discrimination.

There were reports that some state governments have issued formal orders, instructing police chiefs to strictly implement the Supreme Court order that forbids arrest under the SC/ST Act without sanction.

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The Centre is putting demanding efforts in the course of a review petition to cancel out the recent SC verdict doing away with obligatory arrest and setting out consent of a superior authority before the arrest of a government official.

Chhattisgarh Chief Minister Raman Singh confirmed that the order to the police department had been revoked. "The state government has always been sensitive towards them".

Prime Minister Narendra Modi on Friday asserted his government will not let the law to prevent atrocities on SCs and STs to be diluted.

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While Chhattisgarh, Madhya Pradesh and Rajasthan had reportedly taken steps to implement the order, they have now made a decision to put its execution in abeyance and approach the apex court for a review. "Some have already announced that they will associate with the Centre", a ministry official said.

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