SC to Frame Procedural Safeguards against Misuse of SC, ST (prevention of Atrocities Act, 1989)

Published on 01 Feb 2018 by Tushar

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Image Courtesy: Livelaw

In what could very well turn out to be another debatable move, the Supreme Court is considering introducing safeguards to prevent misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The matter is being considered by a Bench of Justices AK Goel and UU Lalit in an appeal against a judgment of the Bombay High Court, which had refused to quash prosecution under the Act, of one Subhash Kashinath Mahajan who is the Director of Technical Education.

Respondent sought sanction for prosecution of the Principal under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and for certain other connected offences.

The said matter was dealt with by the appellant, who was then the Director of Technical Education. The appellant declined to sanction the same whereupon another complaint was filed by the respondent against the appellant under the Act. The quashing of the said complaint was declined by the High Court leading to appeal in Supreme Court.

Source: BarandBench

 



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