On Monday, the Supreme Court confirmed the constitutional validity of the 2018 law on the modification of scheduled castes and tribes (prevention of atrocities) issued to annul the effects of the sentence of 20 March 2018 which diluted the provisions of the law.
A bank led by Judge Arun Mishra said that a preliminary investigation is not essential before filing an FIR under the law and that approval by senior police officers is not required.
Judge S Ravindra Bhat drafted a separate order corresponding to Judge Arun Mishra and added a warning that bail before arrest should only be granted in extraordinary situations where a denial of bail would mean a miscarriage of justice.
The law also does not provide for an early bond for those accused of the SC / ST law. However, courts can cancel FIRs in exceptional circumstances.
In the verdict of March 20, 2018, the two-judge court of the Supreme Court stated that there will be no automatic arrest for a complaint filed under the Act, it also introduced an advance bail provision under the Act.
In its verdict of September 30, the three-judge Supreme Court recalled its order of March 20, 2018, that it had diluted the strict provisions of the SC / ST law by restoring the automatic arrest in such cases.
He also recalled the police order in the preliminary investigation before the arrest.
Monday's Supreme Court verdict came in a GDP lot that questioned the validity of the 2018 SC / ST modification law, which was filed to reverse the effect of the 2018 court decision, which had diluted the provisions of the strict law.
The Center filed a petition for consideration before the Supreme Court asked to review its approved order on March 20, 2018.
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