SC upholds constitutional validity of SC/ST Amendment Act, 2018

The Supreme Court on Monday upheld the constitutional validity of SC/ST (Prevention of Atrocities) Amendment Act of 2018 that ruled out any provision for anticipatory bail for a person accused of atrocities against SC/STs.

A bench headed by Justice Arun Mishra said a preliminary inquiry is not essential before lodging an FIR under the act and also the approval of senior police officials is not required.

“The court can grant anticipatory bail only when prima facie case is not made out,” the top court noted.

The Act also does not provide for anticipatory bail to the accused and Courts can, however, quash FIRs in exceptional circumstances.

The apex court’s verdict came on a batch of petitions challenging the validity of the SC/ST Amendment Act of 2018.