New Delhi: Kerala has joined the Centre in moving the Supreme Court to seek a review of the March 20 verdict of the court that allegedly diluted provisions of the SC/ST (Prevention of Atrocities) Act by granting protection to the accused against arrest without a preliminary probe.
In its petition, filed through advocate G. Prakash, Kerala said that the March 20 verdict has created insecurity among SC/ST people. It said that when the law is clear no guidelines should be issued by court.
The state said that the apex court has failed to suitably appreciate certain facts and the settled principles of law. There is an error apparent in the judgment as it goes against the mandate of Parliament and the object of the Act, it argues.
The Kerala government said that granting protection to the accused from arrest and ordering a preliminary inquiry by a senior police officer into any complaint by member of the SC/ST communities has diluted the provisions of the Act.
If the March 20 judgment is given effect, it will be impossible for registration of any FIR against the accused, said the state government.
The petition opposed the provision for granting anticipatory bail to the accused made in the March 20 verdict. The judgment will cause miscarriage of justice in those cases where an accused does not deserve bail, the petition said.
If the benefit of anticipatory bail is made available to the accused they may misuse their freedom to terrorise the complainants, it said.