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SC/ST Judgment Doing Great Damage to Country, Recall it: Govt to Supreme Court

The government has sought for a recall of the judgment, which provided for a layer of protection before an FIR is registered or the accused is arrested.

Utkarsh Anand | CNN-News18

Updated:April 12, 2018, 2:25 PM IST
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SC/ST Judgment Doing Great Damage to Country, Recall it: Govt to Supreme Court
A view of the Supreme Court building.
New Delhi: The central government has urged the Supreme Court to recall its orders on SC/ST Act, contending the verdict is "resulting in great damage to the country".

Submitting the written submission on behalf of the Centre, Attorney General KK Venugopal claimed that the judgment has "caused a lot of commotion in the country and is also creating anger, unease and a sense of disharmony".

The government has sought for a recall of the judgment, which provided for a layer of protection before an FIR is registered or the accused is arrested.

According to AG, the court judgment is in violation of the Atrocities Act and is completely in conflict with the law that provides for immediate registration of FIR and no provision for anticipatory bail.

The Centre maintained that the Constitution envisages separation of power with legislature mandated to make laws.

Courts can't legislate, said the submission, adding there is no room for the court to amend law through judicial legislation.

The government said that there is a lot of "misunderstanding" and "confusion" created in the country due to the court judgement that need to be corrected.

The government, through its review petition, requested the court to immediately recall its judgment on what it called as "diluted" the SC/ST Act.

In its written submission, the government has opposed the Court direction to empower trial judge to grant pre-arrest bail, besides the need to conduct a preliminary inquiry and also a nod from the appointing authority before arresting a public servant.

After an outrage of the SC/ST community, the Centre has filed a review petition, citing legal infirmities in the judgment.

On the last date of hearing, the bench of Justices Adarsh K Goel and Uday U Lalit had observed that those protesting on streets might not have even read their judgment and that some vested interests could be prodding them.

It had then given time to all parties to file their written submissions. The bench is likely to hear this case sometime next week.

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| Edited by: Nitya Thirumalai
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