New Delhi: The Centre on Thursday told the Supreme Court that its ruling on the SC/ST Act that no arrests can be made under it without a prior probe had led to “great damage” to the country and sought a review and recall of its order. On April 3, while the court refused to stay the directions on arrest, it asked attorney-general K.K. Venugopal to spell out the reasons as to why the government was opposing the verdict.
On April 3, while the court refused to stay the directions on arrest, it asked attorney-general K.K. Venugopal to spell out the reasons through “written submissions” as to why the government was opposing the verdict. The A-G accordingly filed a detailed response. Referring to the directions, the Centre said the case dealing with an issue of very sensitive nature has caused a lot of commotion in the country and was also creating anger, unease and a sense of disharmony.
It faulted the court for resorting to judicial legislation, when no such power existed. It said this judgment had diluted the provisions of the SC/ST Atrocities Act, read with the Criminal Procedure Code, resulting in great damage to the country.
It said when it was Parliament’s mandate to grant protection to Dalits against atrocities, there was no reason for the court to dilute this and act contrary to the provisions. The government noted that the police officer on registration of an FIR was bound to effect the arrest, but he will now be compelled not to arrest the accused and any violation will result in contempt. The confusion created by the judgment, it was submitted, deserves to be corrected.
