SC upholds ban on anticipatory bail under SC/ST Act:Dismisses PIL challenging the 2018 amendment; says no review necessary

The Supreme Court on Tuesday dismissed a public interest litigation challenging the 2018 amendment to the SC/ST Act. The amendment restored the bar on anticipatory bail in cases under the SC/ST Act. It also removed the requirement for a preliminary inquiry before an FIR and prior approval before the arrest of an accused. A bench comprising CJI Suryakant, Justice Joymalya Bagchi, and Justice V. Mohana said the Supreme Court had upheld the 2018 amendment in 2020 itself. Therefore, there was no basis for reconsidering that judgment. Petitioner calls anticipatory bail bar ‘reverse discrimination’ Advocate Vishnu Shankar Jain, appearing in a petition filed by Brij Bhushan Saini, argued that the legal bar on anticipatory bail under the SC/ST Act amounts to “reverse discrimination” and could lead to misuse of the provisions. Reverse discrimination means a person from another group claims they are being discriminated against because a particular group has been given special protection or benefits. What was changed in SC/ST act? Following the Supreme Court’s 2018 decision in Dr. Subhash Kashinath Mahajan v. State of Maharashtra in 2018, Parliament amended the SC/ST Act. The Supreme Court then required a preliminary investigation before filing an FIR and the approval of a competent authority before arrest in certain cases. It also stated that anticipatory bail may be granted in appropriate cases. Parliament subsequently added Section 18A to the Act. It states: 1. The need for preliminary investigation before registering an FIR was abolished. 2. The condition of approval from any officer before the arrest of the accused was removed. 3. The ban on anticipatory bail in SC/ST Act cases was again clarified.