In Brief
The Supreme Court reviewed and set aside two key directions from its earlier judgment that had restricted arrest procedures in cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The original directions required approval from appointing authorities or senior police officers before arrest and mandated preliminary enquiries before FIR registration. The Court held these directions unlawfully encroached on the legislature's domain, created discriminatory procedures violating protective discrimination principles, and conflicted with criminal procedure law. The Court emphasised that Articles 15(4), 17, and 21 mandate special protection for SCs/STs, and that courts cannot exercise Article 142 powers to substitute statutory provisions. The review was partly allowed; directions limiting arrests were recalled.
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