New Delhi: In a rebuke to the Centre which is seeking a review of the judgment of SC/ST Atrocities (Prevention) Act, the Supreme Court on Wednesday observed that even Parliament can’t make a law that denies citizens the fundamental right under Article 21 (right to life and liberty) of the Constitution and the fair procedure.
A Bench of Justices A.K. Goel and Uday Lalit made this oral observation when attorney general K.K. Venugopal argued that the court couldn’t substitute a law enacted by Parliament as it can only fill up a gap if there is any.
Justice Goel told the AG, “An individual cannot be arrested on a ‘one-sided version’, without access to reasonable and fair procedure. It can’t trample upon people’s rights. Parliament has the responsibility to ensure liberty and fair procedure to all persons in society, and that Parliament cannot make a law that denies people the rights under Article 21 (protection of life and liberty).”
Justifying the March 20 judgment holding that a person cannot be arrested without a preliminary enquiry, Justice Goel said, “We are not living in a civilised society where a sword keeps hanging on someone that he can be arrested anytime on a one-sided version. A constitutional court has to ensure liberty and fair procedure to everyone in society.” Justice Lalit cited a number of judgments where court had stepped in to protect the rights of citizens and said, “We have travelled far and wide in the area of human rights.”
The Bench told the AG that it was prepared to have a detailed hearing after the summer vacation on every aspect and directed the matter to be listed in July. It is likely that a new bench will take up this matter as Justice Goel is due to retire on July 6.
In the last hearing, Justice Goel had observed, “Our judgment did not incite anyone to commit crimes. The SC/ST community has the full protection of this court. Why can’t authorities take action, wherever crimes take place? There should be a system of immediate punishment. Communities should learn to respect each other.”
Justice Lalit told the AG, “We have not diluted the Act in any manner. We have only taken note of the fact that right to life and liberty cannot be taken away on some absurd facts.”
