NEW DELHI:  With expressing major concern over extensive misuse of the SC/ST Act for Prevention of Atrocities, in the historic verdict the Supreme Court introduced the provision of anticipatory bail on Tuesday while also issued guidelines that there would be no automatic detain or arrest on any complaint filed under the law. A preliminary investigation must be conducted by police within seven days before taking any action, SC added.

A bench of Justices A K Goel and U U Lalit issued the provision of anticipatory bail in spite of Section 18 of the act disallowing pre-arrest bail. Such a shielding provision was required to keep in mind the safety measures of the interest and dignity of innocents and prevent the misuse of the act as an instrument to blackmail or wreak personal revenge, the bench further said.

SC in its verdict noted that working of the SC/ST Act should not result in perpetuating casteism which can have an adverse impact on the integration of social and constitutional values. In view of the acknowledged ill-treatment or abuse of law of arrest in cases under the Act, arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the SSP, which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the magistrate for allowing further arrest. To avoid the false implication of an innocent, a preliminary inquiry may be conducted by the DSP concerned to find out whether the allegations make out a case under the act and that the allegations are not “frivolous or motivated”.