Govt to seek review of SC/ST order after nudge from Oppn

New Delhi: With pressure mounting from the Opposition as well as its own allies, and Assembly polls in several key states due this year, followed by 2019 general elections, the Centre on Thursday decided to file a review petition in the Supreme Court next week challenging its order banning automatic arrests and filing of cases for alleged harassment of SCs/STs.

The decision came a day after several SC/ST MPs of the NDA led by Lok Janshakti Party president and Union minister Ram Vilas Paswan met Prime Minister Narendra Modi over the issue.

Also, several Opposition parties led by Congress president Rahul Gandhi met President Ram Nath Kovind on Wednesday over the dilution of SC/ST (Prevention of Atrocities) Act, and sought his intervention.

In their memorandum to the President, the Opposition parties said,  “There is great unease and a feeling of insecurity among members of the dalit community and other oppressed classes after the Supreme Court judgment was delivered. If immediate steps are not taken by the government, then we are afraid this may turn into something not less than a national disaster.”

Official sources said top law officers are brainstorming with officials of the social justice ministry to prepare a credible review plea. Law minister Ravi Shankar Prasad said at a press conference earlier Thursday that the government had taken note of the Supreme Court order about laying down new norms on the SC/ST Act. “I have already instructed my ministry to consider the desirability of filing a review. Appropriate followup steps are being taken,” he said.

The Supreme Court recently banned automatic arrests and registration of criminal cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

The law protects marginalised communities against discrimination and atrocities.

Social justice minister Thawarchand Gehlot had written to Mr Prasad about a review plea against the Supreme Court verdict. He said there were concerns that the order would make the law “ineffective” and adversely impact the dispensation of justice to dalits and tribals.

On March 20, the Supreme Court, in a bid to check the misuse of the SC/ST Act, ruled that preliminary enquiry in a case under the Atrocities Act would be done by the DSP to ensure the allegations are not frivolous, and to avoid false implication of an innocent person. The court also held that a government official cannot be prosecuted on the mere allegation of committing an offence under the act without the sanction of the appointing authority.