Supreme Court of India · 1995-02-06
STATE OF M.P. vs RAM KISHNA BALOTHIA
- Citation / case number
- SC 1994/72564
- Court
- Supreme Court of India
- Petitioner
- STATE OF M.P.
- Respondent
- RAM KISHNA BALOTHIA
- Author
- MANOHAR SUJATA V.
- Bench
- MANOHAR SUJATA V.
Judgment text excerpt
The Supreme Court held that Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which denies the right to apply for anticipatory bail, is unconstitutional as it violates Articles 14 and 21 of the Constitution of India. The Court emphasized that the right to seek anticipatory bail is a fundamental right and cannot be arbitrarily denied. Consequently, the judgment of the Madhya Pradesh High Court declaring Section 18 unconstitutional was upheld.