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The SC upholds insertion of Sec 18 A in SC & ST Act, 1989.

Supreme 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).


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