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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'Strong evidence' available against Saif attacker, police tell court while opposing his bail plea
Mumbai, Jul 25 (PTI): Police have opposed the bail plea of the Bangladeshi national arrested for allegedly stabbing Bollywood actor Saif Ali Khan with a knife and injuring him at his home here in January this year, telling a Mumbai court there was "strong evidence" against the accused.
Citing a Forensic Science Laboratory report, police reiterated before the sessions court their earlier claim knife fragments that got lodged near the actor's spine during the attack as well as a part found at the crime spot have matched with the weapon recovered from the accused, Shariful Islam.
These three pieces were part of the same weapon (knife) used to attack the filmstar, the police said in a written response to the accused's plea submitted in the court on Thursday (July 24).
Khan was repeatedly stabbed with a knife by an intruder inside his 12th floor apartment in upscale Bandra on January 16 during a robbery attempt.
The 54-year-old actor underwent surgery at Lilavati Hospital to remove a piece of knife that got lodged near his spine during the attack. He was discharged from the private hospital after five days.
Shariful Islam, a Bangladeshi national, was arrested two days later for allegedly stabbing Khan.
The police, in their response, highlighted that the accused is a Bangladeshi citizen residing illegally in India.
If granted bail, there was a possibility that he may flee India and not appear before the court during the trial. The crime committed by the accused is of a "very serious nature, and strong evidence" is available against him, they argued.
In his bail plea, filed through advocate Vipul Dushing, the accused asserted he was innocent and had no prior criminal record.
Investigation into the case has practically concluded with only the filing of a chargesheet pending, the accused contended while seeking bail.
The alleged attacker has been booked under Bharatiya Nyaya Sanhita (BNS) sections related to house trespass, robbery and dacoity with attempt to cause death or grievous injury.
