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.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
BJP councillor dies by suicide after being threatened by youths following party's bypoll win
Agartala (PTI): A BJP councillor of Dharmanagar Municipal Council (DMC) in North Tripura died by suicide on Tuesday after he was allegedly threatened and humiliated by a group of youth following the saffron party's victory in the Dharmanagar bypoll, police said.
Rahul Kishore Roy, who was also the BJP's Yuva Morcha mandal president, took the extreme step a day after BJP candidate Jahar Chakraborti won the bypoll for the Dharmagar Assembly constituency by a massive margin.
Chief Minister Manik Saha expressed shock over the youth leader's death and assured an impartial inquiry into the allegations brought by the deceased’s wife, Ananya Bhattacharjee.
"I am shocked by the untimely death of Rahul Kishore Roy. May his soul rest in peace, and also offer my sympathy to the bereaved family. I also assured that an impartial inquiry will be conducted following the complaint of the deceased's wife", the CM wrote on Facebook.
Roy's wife has lodged a complaint with the local police station, holding seven persons responsible for her husband's death.
"Soon after the announcement of the results of the bypoll to the Dharmagnar Assembly bypoll, six to seven youths attacked our residence at Chandrapur at 3 pm and started hurling abuses at my husband. They also assaulted me to hand over my husband to them," she stated in the complaint.
Ananya said, "The same gang returned late at night again, attacked our house and hurled two or three bombs. They also threatened to eliminate my husband whenever he is found at Dharmanagar."
Deeply upset by the attacks and threats, my husband committed suicide by hanging from the ceiling early Tuesday morning. I urge the Officer in Charge (OC), Dharmanagar police station, to investigate against these people for justice, she said.
"Based on a specific complaint, we have registered a case, and an investigation is underway. No one has been arrested yet," SP, North Tripura, Avinash Kumar Rai said.
(Assistance for overcoming suicidal thoughts is available on the state’s health helpline 104, Tele-MANAS 14416.)
