{"id":194272,"date":"2018-03-21T10:02:19","date_gmt":"2018-03-21T04:32:19","guid":{"rendered":"http:\/\/www.scconline.com\/blog\/?p=194272"},"modified":"2018-03-23T12:31:41","modified_gmt":"2018-03-23T07:01:41","slug":"sc-mere-allegation-not-enough-for-arrest","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2018\/03\/21\/sc-mere-allegation-not-enough-for-arrest\/","title":{"rendered":"SC & ST (Prevention of Atrocities) Act, 1989 is not an instrument to blackmail innocents; Mere allegation not enough for arrest"},"content":{"rendered":"

Supreme Court<\/strong>: Acknowledging the abuse of law of arrest in cases under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act), the bench of AK Goel and UU Lalit, JJ said that the legislature never intended to use the Atrocities Act as an instrument to blackmail or to wreak personal vengeance nor was it intended to deter public servants from performing their bona fide duties<\/em>. It was, hence, held that unless exclusion of anticipatory bail is limited to genuine cases and inapplicable to cases where there is no prima facie case was made out, there will be no protection available to innocent citizens.<\/p>\n

The Court said:<\/p>\n

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\u201cthe Act cannot be converted into a charter for exploitation or oppression by any unscrupulous person or by police for extraneous reasons against other citizens as has been found on several occasions. … Any harassment of an innocent citizen, irrespective of caste or religion, is against the guarantee of the Constitution.\u201d<\/p>\n<\/blockquote>\n

Background<\/strong>:<\/p>\n

The Court was hearing an appeal against the order of the Bombay High Court where it was held that no public servant or reviewing authority need to apprehend any action by way of false or frivolous prosecution, but the penal provisions of the Atrocities Act could not be faulted merely because of possibility of abuse<\/em>. In the present matter, certain adverse remarks were recorded under the Atrocities Act against the appellant who was serving as the Director of Technical Education in the State of Maharashtra at the relevant time. Apart from the facts of the present appeal, it was brought to the Court\u2019s notice that there are instances of abuse of the Act by vested interests against political opponents in Panchayat, Municipal or other elections, to settle private civil disputes arising out of property, monetary disputes, employment disputes and seniority disputes.<\/p>\n

Conclusion<\/strong>:<\/p>\n

The Court held:<\/p>\n

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\u201can accused is certainly entitled to show to the Court, if he apprehends arrest, that case of the complainant was motivated. If it can be so shown there is no reason that the Court is not able to protect liberty of such a person. There cannot be any mandate under the law for arrest of an innocent. The law has to be interpreted accordingly.\u201d<\/p>\n<\/blockquote>\n

Holding that mere unilateral allegation by any individual belonging to any caste, when such allegation is clearly motivated and false, cannot be treated as enough to deprive a person of his liberty without an independent scrutiny, the Court issued the following directions:<\/p>\n