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Supreme Court's dilution of SC/ST Act caused great damage: Govt -Dhananjay Mahapatra

-The Times of India

NEW DELHI: The Centre accused the Supreme Court of encroaching into the legislative domain while diluting the stringent arrest provision of the SC/ST ( Prevention of Atrocities) Act and appealed on Thursday for its restoration.

The written submission by attorney general K K Venugopal on behalf of the Centre reflected the executive’s seething anger rather than a dispassionate analysis of the March 20 judgment, which introduced anticipatory bail as well as mandated police officers to first inquire into the veracity of a complaint before registering an FIR and arresting an accused.

“This case dealing with an issue of a very sensitive nature has caused a lot of commotion in the country and is also creating anger, unease and a sense of disharmony,” the AG said.

The Centre said the judgment by Justices A K Goel and U U Lalit diluted the provisions of the SC/ST Act, “resulting in great damage to the country” and appealed that the verdict be “reviewed and recalled so that no basis for misunderstanding the judgment or its impact on the implementation of the Act would continue”.

The AG said “the entire judgment is vitiated by the fact that the SC proceeds on the basis that it can legislate” and has the power to “make law when none exists”. He quoted a paragraph from the March 20 verdict declaring that “the role of this court travels beyond merely dispute settling, and directions can certainly be issued which are not directly in conflict with a valid statute. The power to declare law carries with it, within the limits of our duty, to make law when none exists”.

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