Tamil Nadu joins Centre, Kerala in recall of SC/ST verdict

The March 20 judgment effectively diluted the stringent provisions of the 1989 Act.

Update: 2018-04-18 21:40 GMT
Supreme Court

New Delhi: Tamil Nadu on Wednesday joined the state of Kerala and the Centre in moving the Supreme Court seeking review and recall of the March 20 verdict diluting the provisions of the SC/ST Atrocities (Prevention) Act by granting protection from arrest to the accused prior to a preliminary probe.

In its petition, filed through advocate Yogesh Khanna seeking review of the verdict, Tamil Nadu said it was aggrieved over the verdict which has gone against the provisions of the Atrocities Act and has wide ramifications as the same has created insecurity among SC/ST people. It said the directions are in-contravention to the object and reason.

The judgment provided for an enquiry by a senior police officer before registration of FIR and prohibited the police from arresting the accused on receipt of a complaint.

The direction for grant of anticipatory bail is also against the provisions of law, it said. Tamil Nadu said as many as 223 villages have been identified as Atrocity Prone villages in the state and 374 villages have been identified as “dormant” atrocity prone villages. To curtail the atrocities being committed against the members of scheduled castes and sacheduled tribes the Act envisage procedure that is stringent, thereby deter people from committing the crime against oppressed people of the society.

The March 20 judgment effectively diluted the stringent provisions of the 1989 Act. 1Therefore, the petitioner is seeking review of the judgment, the State said.

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