SC Refuses to Stay SC/ST Order, Says Verdict Not Diluted

SC refused to stay its order diluting the SC/ST atrocities act despite the massive Dalit agitation on 2 April.

(Photo altered by The Quint)

Video Editor: Vishal Kumar

Innocents cannot be terrorised by the provisions of the SC/ST Act and their fundamental rights need to be protected, the Supreme Court on Tuesday said as it refused to keep its March 20 verdict in abeyance.

The apex court said that it was not against the SC/ST Act and the "provisions of anticipatory bail have been introduced as unlike other laws, no forum was available for the innocents to seek remedy under the Act".

Several states were victim to violence and clashes on 2 April following a 'Bharat bandh' call given by Dalit organisations protesting the top court's March 20 order. At least 12 people died in the violence.

The bench, which was hearing the Centre's review petition in open court, said that its verdict can be only be reviewed if there is a "patent error" in law and added that the fundamental rights of innocents cannot be taken away.

It said that the court’s mandate was to protect the Constitutional rights and "fundamental rights of citizens has to be kept at the highest pedal".

"Rights of innocents cannot be taken away without giving any remedy to them," it said and added "people who are agitating may have not read the order. They might not know what is in the order or they may have been misled with people having vested interest".

In response to submission of Attorney General K K Venugopal that Article 21 also applies to victims of atrocities, the bench said that Article 21 of the Constitution equally applies to all the citizens and none of the provisions of SC/ST Act has been diluted.

It added that "liberty of the innocents cannot be allowed to be taken away. If no forum is there, then some forum in court has to be there to protect the interest of innocent citizens."

The bench said that the verdict had put in some filters which were not against the basic tenet of law, and asked the parties to file their written submissions in three days, listing the matter after 10 days.

(Inputs from PTI)