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Tuesday, 20 March 2018

Supreme Courts Issues Directions to Prevent Misuse of SC/ST Atrocities Act (20/03/2018 Judgment)

 There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide.

In view of acknowledged abuse of law of arrest in cases under the Atrocities Act, arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the Magistrate for permitting further detention. 

Any violation of direction will be actionable by way of disciplinary action as well as contempt. 

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