SC/ST Act: SC says people who are agitating have not read the order, refuses to stay its order
New Delhi: The Supreme Court on Tuesday declined to stay its ruling, which activists say has diluted a law aimed at preventing atrocities on Dalits and tribes, as it asserted that it wanted to protect innocent people from being punished.
A bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, however, said compensation can be paid to victims alleged atrocities under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, even without a FIR being registered.
Refusing to budge on its five directions issued on March 20, the court said: "We are not against the law or its implementation" and the directions in no way diluted the law but were aimed to protect the innocent people from being punished. It describe its direction for preliminary inquiry before an FIR is registered on a complaint as "filter".
"People who are agitating have not read the order. There is a lot of hearsay," observed Justice Goel.
"We are only concerned about innocent people being put behind bars. We are not against the Act at all. But innocents can't be punished on unilateral version. Why does government want people to be arrested without verification.?"
As Venugopal argued why SC/ST people will implicate anyone, the bench said: "Our approach is to protect innocent people. If there is an unverifiable allegation against an official, how will he function, how AG will function."
There is abuse of law not just by the SC/ST members, but by police, someone else or by some vested interest or purpose, said amicus curiae Amarendra Sharan.
Wondering at the arguments of the Central government for seeking review of March 20 judgment, he said that judgment was founded on the statistics of misuse and abuse of law furnished by the government during the course of the hearing.
He said that the March 20 directions in no way diluted, took away or struck down the provisions of SC/ST act and the sole motivating factor is protection of innocent.
Describing Article 14 (Equality before law) and Article 21 as core of the Constitution, Sharan said that "protection of a person under Article 21 is paramount".
Having clarified that non-registration of FIR would not come in the way of grant of compensation and its direction of PE in no way comes in the way of registering cases under penal offences and other statues, the court gave two days to different parties to the case to file written submissions and three days to file rejoinders as it directed the next hearing after two weeks.
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Assam to lift all cases against Koch Rajbongshis in Foreigners' Tribunals: CM Himanta Biswa Sarma
Guwahati, Apr 4 (PTI): The Assam cabinet has decided to lift all cases pending against people from the Koch Rajbongshi community in the Foreigners' Tribunals, Chief Minister Himanta Biswa Sarma said on Friday.
They will also no longer carry the tag of 'D' or doubtful voters, he said.
''There are 28,000 cases pending in different Foreigners' Tribunals in the state against people of the community. The cabinet has taken a historic decision of lifting the cases with immediate effect,'' Sarma said at a press conference here after the cabinet meeting.
The government believes that the Koch Rajbongshis are an indigenous community of the state and they are an inextricable part of ''our social and cultural fabric'', he asserted.
The people of this community are poor and have suffered a lot over the years, he said.
''They will no longer carry the tag of foreigners or ‘D’ voters,'' the CM said.
Foreigners Tribunals are quasi-judicial bodies, particularly in Assam, established to determine if a person residing in India is a "foreigner" as defined by the Foreigners Act of 1946, based on the Foreigners (Tribunals) Order of 1964.
These tribunals are designed to address matters related to citizenship and the presence of “foreigners” in India, specifically focusing on cases where someone is suspected of being an illegal immigrant.
There are 100 Foreigners’ Tribunals across Assam.
The Koch Rajbongshis have a sizeable presence in Assam, West Bengal, Meghalaya, and parts of Bangladesh, Nepal, and Bhutan, and they demand Scheduled Tribe status.
