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Supreme Court of India 2019-10-01 allowed

Union of India vs State of Maharashtra and Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court reviewed directions regarding arrest procedures under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Court held that while it will not interfere with the legislative framework or change the law due to misuse, arrests of certain categories of accused may require prior concurrence of appointing authorities. The Court may intervene in demonstrably false cases. The appointing authority cannot obstruct investigations in cognizable, non-bailable offenses. The review petition was allowed on these principles, balancing the protective intent of the Act against safeguarding due process.

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Constitutional Law Criminal Procedure Scheduled Castes and Scheduled Tribes Atrocities Act Arrest Procedure Public Servants

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