The verdict on pleas challenging the Act has been announced by a bench of Justices Arun Mishra, Vineet Saran amd Ravindra Bhat, said a court could grant anticipatory bail only in cases where a prima facie case is not made out.
Justice Arun Mishra, headed the bench and said there is no requirement of any preliminary probe prior lodging FIR under the act and the approval of senior police officials is not needed.
Justice Ravindra Bhat was quoted saying, every citizen needs to treat fellow citizens equally so as to encourage the concept of fraternity.
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However, last year in October, the bench had already given a clue saying it will uphold amendments made by the Centre in SC/ST Act to restore immediate arrest and ban anticipatory bail.
In lieu of anticipatory bail, the judgment of the Constitution Bench passed earlier had held that anticipatory bail can be granted in cases where a prima facie case under the SC/ST Act is not made out, noted the Bench. The apex court had remarked, the old provision would be restored stand in the light of the review judgment delivered on September 30, 2019.
By September 30 verdict, the three-judges bench of the SC had recalled its March 20, 2018 order, which dissolved the strict provisions of the SC/ST Act while restoring automatic arrest in such cases. It had also recalled order on the initial investigation by the police before the arrest.
However, by March 20, 2018 verdict, the two-judge bench of the apex court had held that there will be no automatic arrest on a complaint filed under the Act had also introduced anticipatory bail provision under the Act. The Centre had to move SC for a review petition and sought to review its order passed on March 20, 2018.
However, amendments in the Act by the Centre had made to overcome the top court's order diluting the provision of arrest under the law.
The amendments provide that no preliminary inquiry would be required for registering a criminal case and an arrest under this law would not be subject to any approval.