PRABHAKAR DAS Vs. AO,PUNJAB NATIONAL N

JUDGEMENT

(1.) THIS petition seeks declaration that the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter called 'the Act') is ultravires the Constitution.

(2.) ACCORDING to the petitioner, the subject matter of enactment is not covered by the field of legislation in any of the entries of the VIIth Schedule to the Constitution. Sections 18 and 19 of the Act which make the provisions of Sections 438 & 350 of Cr.P.C. and Probation of Offenders Act inapplicable violate fundamental rights under Articles 14 and 15 of the Constitution. We have heard the petitioner in person, who is an Advocate.

(3.) HAVING regard to the social conditions taken into account by the Parliament, particularly, the practice of 'untouchability', the nature of offences covered by the Act can be treated to be a separate category. The offences enumerated under the Act are acts which, denigrate members of the SC & ST in the eyes of society and prevent them from leading a life of dignity and preventive measures could certainly be taken by the legislature. In State of M.P. Vs. Ram Kishna Balothia & Anr., (1995) 3 SCC 221, the issue of validity of Section 18 of the impugned Act excluding the applicability of the provision of anticipatory bail was gone into. After due consideration, the Hon'ble Supreme Court held :