PRATHVI RAJ CHAUHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have questioned the provisions inserted by way of carving out section 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Act of 1989). Section 18 as well as section 18A, are reproduced hereunder:

(2.) It is submitted that section 18A has been enacted to nullify the judgment of this Court in Dr. Subhash Kashinath Mahajan v. The State of Maharashtra & Anr., (2018) 6 SCC 454, in which following directions were issued:

(3.) It has been submitted that this Court has noted in Dr. Subhash Kashinath (supra) that the provisions of the Act of 1989 are being misused as such the amendment is arbitrary, unjust, irrational and violative of Article 21 of the Constitution of India. There could not have been any curtailment of the right to obtain anticipatory bail under section 438 Cr.PC. Prior scrutiny and proper investigation are necessary. Most of the safeguards have been provided under the Act of 1989 to prevent undue harassment. This Court has struck down the provision of section 66A of the Information Technology Act on the ground of violation of fundamental rights; on the same anvil, the provisions of section 18A of the Act of 1989 deserve to be struck down.