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october 2019

Supreme Court of India · 2019-10-01

UNION OF INDIA vs THE STATE OF MAHARASHTRA

Citation / case number
SC 2018/12243
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
THE STATE OF MAHARASHTRA
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE ARUN MISHRA, HON'BLE MR. JUSTICE M.R. SHAH, HON'BLE MR. JUSTICE B.R. GAVAI

Judgment text excerpt

The Supreme Court reviewed its earlier judgment regarding the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, emphasizing the need for safeguards against misuse of the Act. The court clarified that anticipatory bail can be granted if no prima facie case is established or if the complaint is found to be mala fide. Additionally, it mandated that arrests under the Act require prior approval from the appointing authority for public servants and the Senior Superintendent of Police for non-public servants, aiming to prevent false implications.

UNION OF INDIA vs THE STATE OF MAHARASHTRA · Niyam