The Supreme Court on Monday upheld the constitutional validity of the SC/ST Amendment Act, 2018 saying that a court can grant anticipatory bail only in cases where a prima facie case is not made out.
A benchheaded by Justice Arun Mishra said a preliminary inquiry is not essentialbefore lodging an FIR under the act and the approval of senior police officialsis not needed.
Theother member of the bench, Justice Ravindra Bhat, in a concurring verdict saidthat every citizen needs to treat fellow citizens equally and foster theconcept of fraternity.
Bhatfurther said that a court can quash the FIR if a prima facie case is not madeout under the SC/ST Act and the liberal use of anticipatory bail will defeatthe intention of Parliament.
The SupremeCourt's verdict came on a batch of PILs challenging the validity of the SC/STAmendment Act of 2018 which was brought to nullify the effect of the apex court's2018 ruling, which had diluted the provisions of the stringent Act.
