In Brief
Two writ petitions challenged Section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which bars preliminary enquiry before FIR registration and eliminates arrest approval requirements. The petitioners argued the amendment violated Articles 14, 15, 17, and 21 of the Constitution. The Supreme Court held the challenge to be academic because the Union's review petition in Dr. Subhash Kashinath Mahajan had already been allowed, and directions requiring arrest approval and preliminary enquiry were recalled. The Court upheld the constitutional validity of Section 18A, holding that the protective discrimination for SCs/STs under Article 15(4) and abolition of untouchability under Article 17 justify the bar on anticipatory bail in atrocities cases. Courts retain inherent power to grant pre-arrest bail only in exceptional cases where no prima facie case exists or the complaint is patently mala fide.
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