New Delhi, Sep 7: The Supreme Court on Friday issued notice to the Centre on three pleas challenging the recent amendment to the SC/ST (Prevention of Atrocities) Act, restoring the provision mandating immediate arrest in the event of a complaint.
A bench of Justices A.K. Sikri and Ashok Bhushan sought the Centre's response to the pleas but refused to stay the amended law.
"We can't stay without hearing the other side," the bench told the petitioners. The matter has been posted for the next hearing after six weeks.
The petitioners -- lawyers Prathvi Raj Chauhan, Priya Sharma and an NGO -- have challenged the amendment made in the just concluded monsoon session of Parliament by which the lawmakers nullified an apex court verdict removing the provision for immediate arrest.
The pleas said the fresh amendments were violative of the fundamental rights to equality, life and liberty.
Comparing the recent amendment with the one brought by the then Prime Minister Rajiv Gandhi's government to overturn the top court verdict in Shah Bano case, the petitioner lawyers have described the provision to arrest as "arbitrary" as this would be misused against innocent people.
In the Shah Bano case, the top court had awarded maintenance to the divorced Muslim woman, but the then government brought an amendment to overturn the judgment holding that it was an infringement of the Muslim Personal Law.
The petitioners have contended that the government brought the amendment under pressure from alliance partners and for political mileage and the fear of antagonising a huge vote-bank ahead of the next year's Lok Sabha elections.
It says the government plea seeking the recall of the apex court order is still pending with the top court.
The Supreme Court had ruled on March 20 that the police should hold an inquiry to ascertain the veracity of any complaint filed under the Act before acting on it.
The court had said that it was providing for the safeguard "in view of acknowledged abuse of law of arrest" under the Act.
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New Delhi: Gurugram Police have arrested BJP Yuva Morcha member Hariom Mishra, for allegedly spreading a fabricated and communally sensitive story on social media about the murder of a college student in Gurugram.
Mishra who is also known as Shaurya Mishra had shared a collage of four photographs on his X handle earlier this month. He claimed that a 24-year-old college student, identified as Nikita Agarwal, had been murdered by her classmate Arif Khan in Gurugram. In the post, he alleged that the woman was blackmailed, forced into prostitution, gangraped, and eventually killed. He also claimed that Arif dumped her body in a forest. The claims were presented as being based on police sources.
The post went viral and garnering over 1.5 lakh views, and was amplified by several right-wing social media handles across X, Facebook and Instagram. A verification of the claims revealed that no such incident had taken place in Gurugram. A search of credible news reports showed no record of any such murder. The police said this news would have inevitably attracted media attention if it were true.
On December 11, Gurugram Police publicly refuted the claims through their official X handle. They stated that the information which was being circulated was completely false. The police warned that legal action would be taken against those spreading misinformation. Despite the warning, Mishra neither deleted the post nor issued any clarification.
Police in Gurugram confirmed Mishra's arrest on December 16. The police said a FIR was filed after he continued to spread false information about the alleged murder of a Hindu woman by Muslim man. Police said Mishra, a resident of Uttar Pradesh's Kaushambi district, is now being investigated.
Gurugram Police spokesperson Sandeep Singh told The Print that the accused had deliberately misrepresented facts and used objectionable content to spread hatred along religious lines. “Such posts can create serious disturbances in society, and the police take these matters very seriously,” he said.
A reverse image search conducted by fact-checkers at Alt News, revealed that the photographs used in the viral post were unrelated to the claims, while two of the images were traced to a Pinterest account belonging to influencer Maulik Chopra and another image was sourced from an Instagram post by influencer Shivam Thakur featuring a woman named Deepanshi Rawat. The fourth image was found on an unrelated Instagram page. The images depicted different individuals and had no connection to any crime.
Police said they are also investigating Mishra’s motive behind sharing the false and provocative content.
