LS passes bill to restore SC/ST Act
New Delhi, Aug 6: The Lok Sabha on Monday passed the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, which seeks to overturn a Supreme Court order that struck down the provision for immediate arrest.
The amendment bill was introduced in the Lok Sabha by Union Minister for Social Justice and Empowerment Thaawar Chand Gehlot last week.
"The government had filed a review petition in the Supreme Court with regard to its order to strike down the original provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
"Following the court decision, many SC/ST organisations called for a 'Bharat Bandh', leading to unfortunate incidents. The court decision says that to arrest an accused, approval of the Senior Superintendent of Police (SSPs) concerned will be required. But this is not possible because in most parts of the country there are no SSPs," Gehlot said while speaking on the bill in the Lok Sabha.
He pointed out that in his native state Madhya Pradesh, SSPs are posted only in Gwalior, Bhopal and Indore.
Replying to the debate on the bill, Gehlot asked the Congress if they were so concerned about protecting the rights of the SCs and ST, why didn't they strengthen the Act for so many years since the Act was passed in 1989.
"If they thought there was scope for improvement in the Act and if there were some gaps, why didn't they amend it? They accuse us of delaying in bringing the amendment bill, but why didn't they do till 2015, when our government strengthened the Act?" he said.
The Minister also said that under the Act, now there are 47 crimes registered, while earlier there were just 22 crimes. "We didn't delay in bringing the amendment bill. The opposition tried to create an atmosphere in the country by spreading propaganda that we were anti-SC/ST and were delaying the bill," Gehlot added.
Leader of Congress party in Lok Sabha Mallikarjun Kharge said it took three-four months for the Narendra Modi government to bring the bill in the House and also questioned why it did not bring an ordinance on the matter for so long.
"If the government could bring six ordinances on various other issues to favour a corporate, it also could have brought the 7th ordinance on this matter. But, unfortunately, the government could not bring an ordinance to protect the rights of millions (over 25 per cent population) of such persons in the country," said Kharge.
The Act prohibits commission of offences against members of the weaker sections and establishes special courts for trial of such offences and rehabilitation of victims.
On March 20, the Supreme Court ruled that to arrest persons accused of committing an offence under the said Act, approval of the SSP concerned will be required. Further, a Deputy Superintendent of Police (DSP) may conduct a preliminary inquiry to find out whether a prima facie case is made out under the Act.
The bill states that the Investigating Officer will not require approval of any authority for the arrest of the accused. Further, it provides that a preliminary inquiry will not be required for the registration of an FIR against those accused under the Act.
The bill says that persons accused of committing an offence under the proposed Act cannot apply for anticipatory bail. It seeks to clarify that this provision will apply despite any judgments or orders of a court that provide otherwise.
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US SC rejects 26/11 attack accused Tahawwur Rana’s plea seeking stay on his extradition to India
New York, Apr 7 (PTI): The US Supreme Court has rejected 26/11 Mumbai terror attack accused Tahawwur Rana's appeal seeking a stay on his extradition to India, moving him closer to being handed over to Indian authorities to face justice.
Rana, 64, a Canadian national of Pakistani origin, is currently lodged at a metropolitan detention centre in Los Angeles.
He is known to be associated with Pakistani-American terrorist David Coleman Headley, one of the main conspirators of the 26/11 attacks. Headley conducted a recce of Mumbai before the attacks by posing as an employee of Rana’s immigration consultancy.
Rana had submitted an ‘Emergency Application For Stay Pending Litigation of Petition For Writ of Habeas Corpus' on February 27, 2025, with Associate Justice of the Supreme Court of the United States and Circuit Justice for the Ninth Circuit Elena Kagan.
Kagan had denied the application earlier last month.
Rana had then renewed his ‘Emergency Application for Stay Pending Litigation of Petition for Writ of Habeas Corpus previously addressed to Justice Kagan’, and requested that the renewed application be directed to US Chief Justice John Roberts.
An order on the Supreme Court website noted that Rana's renewed application had been “distributed for Conference” on April 4 and the “application” has been “referred to the Court.”
A notice on the Supreme Court website Monday said that “Application denied by the Court.”
Rana was convicted in the US of one count of conspiracy to provide material support to the terrorist plot in Denmark and one count of providing material support to Pakistan-based terrorist organisation Lashker-e-Taiba which was responsible for the attacks in Mumbai.
New York-based Indian-American attorney Ravi Batra had told PTI that Rana had made his application to the Supreme Court to prevent extradition, which Justice Kagan denied on March 6. The application was then submitted before Roberts, “who has shared it with the Court to conference so as to harness the entire Court’s view.”
The Supreme Court justices are Associate Justice Clarence Thomas, Associate Justice Samuel A. Alito, Jr., Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan, Associate Justice Neil M. Gorsuch, Associate Justice Brett M. Kavanaugh, Associate Justice Amy Coney Barrett, and Associate Justice Ketanji Brown Jackson.
In his emergency application, Rana had sought a stay of his extradition and surrender to India pending litigation (including exhaustion of all appeals) on the merits of his February 13.
In that petition, Rana argued that his extradition to India violates US law and the UN Convention Against Torture "because there are substantial grounds for believing that, if extradited to India, the petitioner will be in danger of being subjected to torture."
"The likelihood of torture in this case is even higher though as petitioner faces acute risk as a Muslim of Pakistani origin charged in the Mumbai attacks,” the application said.
The application also said that his “severe medical conditions” render extradition to Indian detention facilities a “de facto" death sentence in this case.
The US Supreme Court denied Rana's petition for a writ of certiorari relating to his original habeas petition on January 21. The application notes that on that same day, newly-confirmed Secretary of State Marco Rubio had met with External Affairs Minister S Jaishankar.
When Prime Minister Narendra Modi arrived in Washington on February 12 to meet with Trump, Rana’s counsel received a letter from the Department of State, stating that “on February 11, 2025, the Secretary of State decided to authorise” Rana’s "surrender to India,” pursuant to the “Extradition Treaty between the United States and India”.
Rana’s Counsel requested from the State Department the complete administrative record on which Secretary Rubio based his decision to authorize Rana’s surrender to India.
The Counsel also requested immediate information of any commitment the United States has obtained from India with respect to Rana’s treatment. “The government declined to provide any information in response to these requests,” the application said.
It added that given Rana’s underlying health conditions and the State Department’s findings regarding the treatment of prisoners, it is very likely “Rana will not survive long enough to be tried in India".
During a joint press conference with Prime Minister Modi in the White House in February, President Donald Trump announced that his administration has approved the extradition of "very evil" Rana, wanted by Indian law enforcement agencies for his role in the 26/11 Mumbai terror attacks, "to face justice in India”.
A total of 166 people, including six Americans, were killed in the 2008 Mumbai terror attacks in which 10 Pakistani terrorists laid a more than 60-hour siege, attacking and killing people at iconic and vital locations in Mumbai.
