Tuesday, Jun 02, 2020 | Last Update : 04:48 PM IST

70th Day Of Lockdown

Maharashtra70013301082362 Tamil Nadu2349513170187 Delhi208348746523 Gujarat17217107801063 Rajasthan91006213199 Uttar Pradesh83615030222 Madhya Pradesh82835003358 West Bengal57722306325 Bihar3945174123 Andhra Pradesh3676237464 Karnataka3408132852 Telangana2792149188 Jammu and Kashmir260194631 Haryana2356105521 Punjab2301200044 Odisha210412459 Assam14862854 Kerala132760811 Uttarakhand9592225 Jharkhand6612965 Chhatisgarh5481211 Tripura4231730 Himachal Pradesh3401186 Chandigarh2972144 Manipur83110 Puducherry79250 Goa73500 Nagaland4300 Meghalaya28121 Arunachal Pradesh2010 Mizoram110 Sikkim100

No SC/ST Act arrest if penalty less than 7-yr jail: Allahabad HC

THE ASIAN AGE. | AMITA VERMA
Published : Sep 13, 2018, 1:52 am IST
Updated : Sep 13, 2018, 1:52 am IST

Lucknow bench order could lead to a fresh tussle, adds new twist to SC/ST controversy.

Allahabad High Court
 Allahabad High Court

Lucknow: In a major development, the  Lucknow bench of the Allahabad high court has delivered a judgment over the SC/ST Act saying that no arrest can be made without giving a notice if the punishment, as per the relevant section, was less than seven years’ jail. The ruling makes it clear that in all cases where the arrest of a person is not required under Section 41(1) CrPc, the police officer in question will be required to issue a notice asking the accused to appear before him at a specified place and time.

This order by a division bench of the high court gives a fresh twist to the controversy over the SC/ST Act that had recently been amended by Parliament.

The division bench of Justices Ajay Lamba and Sanjay Harkauli said: “If the accused complies with the terms of the notice, he shall not be arrested unless for reasons to be recorded, the police officer is of opinion that the arrest is necessary. At this stage also, the condition precedent for arrest as envisaged under Section 41 CrPc has to be complied (with) and shall be subject to the same scrutiny by the magistrate as aforesaid.”

The judges further said that the Supreme Court had also given such instructions in the matter. The court ruling came on a petition filed by one Rajesh Misra of Gonda, who leaded that he should not be arrested before completion of investigation in the case against him. The case against him was filed by one Shivraji Devi under the SC/ST Act and she claimed the accused had attacked her family on August 18 and had made a casteist remark against her daughter.

The petitioner also demanded the quashing of the FIR which was filed against him under Sections 323, 452, 504,506 of IPC and the relevant sections of the SC/ST Act at the Khodare police station in Gonda.

The court said the counsel appearing on behalf of the state government had admitted the offences allegedly committed entail a sentence of up to seven years’ jail.

Tags: allahabad high court, sc/st act, parliament
ADVERTISEMENT
ADVERTISEMENT