No stay on SC/ST Act order says Supreme Court

Hearing on the Centre’s petition seeking review of the Supreme Court’s March 20 order, which stopped automatic arrests in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, witnessed sharp exchanges on Thursday with the government telling the court that it had usurped powers of the legislature and the bench giving it back, saying atrocities against Dalits were continuing not because of its order, but because there was no quick punishment for offenders.

“For the last four decades, the court has believed that it has the power of legislature,” Attorney General K K Venugopal told a bench of Justices A K Goel and U U Lalit, contending that the March 20 order amounted to law-making by courts.

“Our judgment did not incite any one to commit crime. Our judgment has been wrongly understood. The SC/ST community has full protection of this court,” said Justice Goel refuting Venugopal’s argument.

Amicus curiae Amarendra Sharan opposed the plea by the Attorney General urging the court to stay the operation of its March 20 judgment by which it had issued several directions providing for preliminary inquiry before an FIR is lodged and action is taken on a complaint alleging atrocities under the Act.