LJP moves top court for review of SC/ST verdict
The LJP urged the court to grant oral hearing to argue the case by a larger bench of more than two judges as the March 20 verdict is by two judges.
New Delhi: The Lok Janshakti Party (LJP) moved the Supreme Court on Monday seeking review of the verdict holding that arrest is not mandatory under the provisions of SC/ST Prevention of Atrocities Act and allowing courts to grant anticipatory bail to the accused.
In its petition, the LJP, headed by Ram Vilas Paswan and an ally of the NDA, said the March 20 judgment required to be revisited by a larger bench in the context of various studies, parliamentary debates and reports and the recommendations of the Law Commission on the SC/ST law.
It said by making arrest not mandatory would result in dilution of the Act and make SC/STs vulnerable to harassment. The LJP urged the court to grant oral hearing to argue the case by a larger bench of more than two judges as the March 20 verdict is by two judges.
Earlier, a three-judge Bench of Chief Justice Dipak Misra and Justices A.M. Kanwilkar and D.Y. Chandrachud agreed to go into the correctness of the order passed by Gujarat high court granting anticipatory bail to certain industrialists accused of grabbing forest lands belonging to STs. Indirectly the court by issuing notice has agreed to consider in the first week of May whether the apex court judgment is correct.
Senior counsel Dushyant Dave appearing for the appellant Arjun Shankarbhai Rathod, argued that the High Court while granting anticipatory bail to Balubhai Ravibhai Ahir and others had relied on the March 20 judgment and held that the complaints against the accused are mala fide.
The counsel pleaded for suspending the judgment of Justices A.K. Goel and Uday Lalit treating it as per incuriam (a wrong judgment and not a binding precedent).