The SC upholds insertion of Sec 18 A in SC & ST Act, 1989.
- 00:00Supreme Court of India
Justice Arun Mishra, Justice S Ravindra Bhat and Justice Vineet Saran
The SC {PRATHVI RAJ CHAUHAN v. UNION OF INDIA & OTHERS } holds that concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply.
Upholding the amendment, It was held by the SC that the court can, in exceptional cases, exercise power under Section 482 Cr.PC for quashing the cases to prevent misuse of provisions on settled parameters.
In the present case, the petitioners have questioned the provisions inserted by way of carving out section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act of 1989).