Supreme Court notice to Centre on plea challenging immediate arrest under SC/ST law
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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Mamata asks TMC nominees not to leave counting centres as EC data shows BJP leading
Kolkata (PTI): West Bengal Chief Minister Mamata Banerjee on Monday urged TMC candidates and agents to remain vigilant and not to leave counting centres, alleging that there was a "game plan" by the BJP and the Election Commission to show the saffron party taking a lead in the early trends of counting.
In a video message issued during the counting of votes, the TMC supremo appealed to party workers to stay put and not to lose morale.
"I appeal to everyone that neither TMC candidates nor counting agents should abandon counting centres," she said.
As trends on the Election Commission website indicated the BJP leading in 188 seats against the TMC's 94, Banerjee maintained that her party was still ahead in a significant number of constituencies.
"We are still ahead in 170 seats, but I request everyone not to lose hope," she said, adding that there were "around 70 to 100 seats where we are leading, but they are not sharing the data of those seats".
"A false narrative is being spread," she alleged.
The chief minister accused the Election Commission of "not declaring results or leads" in areas where the TMC was ahead.
"This is a game plan by the EC and the BJP as it (poll panel) is not declaring results or leads in areas where we are leading," she said.
Banerjee also alleged irregularities in the counting process at some locations.
"In several places, counting has been stopped after the first two to three rounds. In Kalyani, we have caught seven machines with severe anomalies," she claimed.
She further alleged that TMC workers were being "harassed with the help of central forces" and that party offices were being "vandalised and forcefully captured".
"With the help of central forces, they are harassing and torturing AITC workers. Our offices have been vandalised," she said, also alleging that voter list revision exercises were "purposefully done to target seats where we were strong".
Seeking to reassure party workers, Banerjee said more rounds of counting were yet to take place and urged them to stay firm.
"Fourteen to eighteen rounds of counting will happen. You will surely emerge victorious. Don't be afraid; fight like tigers," she said.
Her remarks came as counting trends suggested that the BJP was leading in 188 seats and had crossed the halfway mark of 148 in the 294-member assembly, pointing to a potential shift in the state's political landscape.
Counting for 293 constituencies was underway with postal ballots, followed by EVM votes.
Officials cautioned that trends could change as more rounds are counted, and final results would be known later in the day.
জরুরি বার্তা pic.twitter.com/Uc82oihwEL
— Mamata Banerjee (@MamataOfficial) May 4, 2026
