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LATEST NEWS UPDATES | Supreme Court stands by its SC/ST Act judgment -Krishnadas Rajagopal

Supreme Court stands by its SC/ST Act judgment -Krishnadas Rajagopal

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published Published on Apr 4, 2018   modified Modified on Apr 4, 2018
-The Hindu

The court says it has only protected innocents from falling prey to arbitrary arrests under the Act.

The Supreme Court said its March 20 judgment, banning immediate arrest of a person accused of insulting or injuring a Scheduled Caste/Scheduled Tribe member, is meant to protect innocents from arbitrary arrest and not an affront to Dalit rights.

The government, despite an urgent and open court hearing of its review petition, failed to convince a Bench of Justices A.K. Goel and U.U. Lalit on Tuesday to stay its direction, considering the massive protests across the country which claimed nine lives on April 2.

‘No terror’

“An innocent should not be punished. There should not be terror in society... We do not want any member of the SC/ST to be deprived of his rights. We only want an innocent not to be punished,” Justice Goel observed.

Justice Goel, who authored the verdict, said the judgment, in fact, fortifies the Dalit protection law - the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act of 1989.

“Our judgment implements what is said in the Constitution. We are conscious of the rights of the underprivileged and place them at the highest pedestal... but at the same time, an innocent person cannot be falsely implicated and arrested without proper verification. We have not stopped the implementation of the Act. Does the Act mandate the arrest of innocent persons? Our judgment is not against the Act,” Justice Goel addressed Attorney-General K.K. Venugopal, for the Centre. He called the judgment a ‘balance’ between Dalit rights and right of an innocent against arrest in a false case.

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The Hindu, 3 April, 2018, http://www.thehindu.com/news/national/supreme-court-stands-by-its-scst-act-judgment/article23424875.ece?homepage=true


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