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Showing posts with the label 1989 – Unconstitutional

Denial of Bail Summarily under SC/ST Prevention of Atrocities Act, 1989 – Unconstitutional

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Below is link for the full case history: http://supremecourtofindia.nic.in/supremecourt/2017/22086/22086_2017_Judgement_20-Mar-2018.pdf 20 th March 2018 was historic in annals of highest judiciary because Supreme Court Judges   A.K.Goel and U.U.Lalit issued directions to prevent the misuse of provisions of SC/ST (Prevention of Atrocities) Act 1989. These two learned Supreme Court judges in their recent 89 page judgment of Subhash Kashinath Mahajan case (click the heading to know full details about the case) had ruled as under: 1   The underprivileged need to be protected against any atrocities to give effect to the Constitutional ideals. The Atrocities Act has been enacted with this objective. At the same time, the said Act cannot be converted into a charter for exploitation or oppression by any unscrupulous person or by police for extraneous reasons.     The court noted harassment of an innocent citizen, irrespective of caste or religion, is against the guarantee o