New Delhi: The Supreme Court is considering constituting a bench to hear the Centre’s review petition against the Subhash Kashinath Mahajan case and petitions challenging the amendments to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act together.
A bench headed by Chief Justice of India Ranjan Gogoi said it would consider the matter.
On Thursday, the court refused to stay the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 which restored the provision that no anticipatory bail be granted to the accused. The apex court’s Subhash Kashinath Mahajan (2018) judgment struck down some provisions of the Act, following which the parliament brought in amendments to bypass the verdict.
A bench of Justices A.K. Sikri, S. Abduk Nazeer and M.R. Shah said it would be appropriate if the petitions challenging the provisions of the Act are also heard along with the pending review petition.
The petitions against the amendments claim that the parliament “arbitrarily” decided to amend the law to restore previous provisions refusing the right of anticipatory bail.
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Senior advocate Vikas Singh, appearing for a private party said that the amendments will create “chaos if people continued to be arrested under false charges”.
Advocate Gopal Sankaranarayanan, appearing for another party, said that since the Centre’s review petition against the March 20, 2018 verdict was pending before the apex court, the effect of amendment should be stayed.
To the bench said that it would not pass any order with regard to stay.
Parliament on August 9 last year passed the Bill to overturn the apex court order concerning certain safeguards against arrest under the Act.
During Thursday’s hearing, attorney general K.K. Venugopal, appearing for Centre, said that review petition and petitions against the Act should be heard together as there were similar questions of law.
The bench noted that in the Centre’s review petition, the court has issued notice and will now be listed for hearing on merits.
“In the said review petition, notice had been issued and, therefore, the same is to be heard on merits in the open Court. Since outcome of the said review petition would have some bearings on these petitions, it would be appropriate if these petitions are also heard along with the review petition,” the bench said.
It allowed the counsel for the parties to mention the matter before the bench headed by Chief Justice of India for fixing the date for hearing of the matters.
In April last year, a Bharat Bandh called against the Supreme Court’s dilution of the Act witnessed violence. At least 11 people were killed and hundreds detained during the protest.
(With PTI inputs)