Centre tells SC its verdict on SC/ST Act is 'judicial legislation', has caused anger, disharmony


New Delhi, Apr 12 (Zee News): The Central government on Thursday told the Supreme Court that through its verdict in the SC/ST Act, the apex court has resorted to "judicial legislation". The Centre also told court that its verdict dealt with a very sensitive issue which has caused anger, unease and a sense of disharmony in the country.

The Centre also told SC that there is a separation of powers between legislature, executive and judiciary which it is inviolable. The government said that the verdict has failed to fill gaps in the SC/ST Act and thus should be withdrawn.

The government had earlier also said that it is unhappy with the SC order adding that it "differs" with the verdict. It had also questioned why the Union of India was not made a "formal" party in the case.

Law Minister Ravi Shankar Prasad had said that the judgement is "virtually redoing the entire architecture of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act".

"We feel that a sensitive case of this nature required a more in depth consideration with requisite consideration of objective data to come to a conclusion as to whether the law is being abused or there is a need to give protection to the continued, unfortunate instances of injustice against Dalits," he had said.

The apex court had on March 20 said that on "several occasions", innocent citizens were being termed as accused and public servants deterred from performing their duties, which was never the intention of the legislature while enacting the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

The top court had said that unless the exclusion of anticipatory bail is limited to "genuine cases and inapplicable to cases where there is no prima facie case was made out, there will be no protection available to innocent citizens".

 

  

Top Stories

Comment on this article

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Thu, Apr 12 2018

    Government - goaded by Congress - is pitting SC/ST against innocent people who have been arrested without cause simply on the basis of a complaint, without investigating the merits. It is like dowry harassment cases. When will the rights of innocent people be safeguarded. SC/ST Atrocities Act does not make the offence culpable; only if it is also a crime under the IPC it does. Supreme Court is right in ensuring that the rights of innocents be protected. What is the rush to arrest them unless they are absconding?

    DisAgree Agree Reply Report Abuse

  • Ivar, Mangalore

    Thu, Apr 12 2018

    Stop all the benefits, reservations and other special acts based on caste and religion. bring back everything on economic / income based.

    DisAgree Agree [1] Reply Report Abuse


Leave a Comment

Title: Centre tells SC its verdict on SC/ST Act is 'judicial legislation', has caused anger, disharmony



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.