New Delhi: The Supreme Court has refused to ban the amendments made by the government while hearing the petition filed against the government made changes in the SC-ST Act. Now the new Bench will hear the petition against the Supreme Court decision and the government will hear the petition challenging the changes in the law. In the petitions filed in the Supreme Court, the cases of SC-ST Act were immediately opposed to the provision of arrest.
It has been said in the petition that the Supreme Court had banned arrests immediately in this Act, but the government reconfigured the changes made to the cancellation. While hearing the petition on 7th September 2018, the court had refused to ban the amendment that the Central Government had to in effect the order of the Supreme Court in the SC-ST Act. Petitioner lawyer Priya Sharma and Prithvi Raj Chauhan have filed. In the petition, the new SC-ST Amendment Act 2018 of the Central Government has been declared unconstitutional. It has been said in the petition that this new law will be framed by innocent people again. It has been demanded in the petition that this new law of the government be declared unconstitutional. It has been demanded in the petition that until the petition is pending, the court bans the implementation of the new law.
The Central Government through Section 18A in SC ST Torture Prevention Act is through this amended law. According to this section, before filing an FIR against the person who violates this law, there is no need for the preliminary inquiry, nor is there any need to take permission from the investigating officer before arresting him. It has also been said in the amended law that under the law, the accused who committed the crime will not get the benefit of the advance bail. On March 20, 2018, the Supreme Court had said that the case will not be registered immediately after getting a complaint in the SC-ST Torture Act. DSP will first investigate the complaint and find out if the case is false. The Supreme Court had said that the accused will not be arrested immediately after the FIR is lodged. Before the arrest of government employees, approval of SSP will be taken before the arrest of the competent authority and the general public.