On 20th November 2017, a bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit, while hearing case Dr Subhash Kashinath Mahajan v State of Maharashtra, framed the following question for consideration: Whether there can be procedural safeguards so that provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 are not abused for extraneous considerations?The facts of the case being heard by the bench are that certain adverse remarks were recorded against one BK Gaikwad by the principal of a college where Gaikwad was employed. Gaikwad had sought sanction for his prosecution under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (“SC/ST Act”) and related offences. Dr. Subhash Mahajan, while dealing the said matter, declined the sanction. Thereafter, Gaikwad filed another complaint against the petitioner under the SC/ST Act. The division bench of the Bombay High Court rejected the plea for the quashing of the said complaint. The high court held: “We do not think that we should thwart the enforcement or implementation of the Atrocities Act merely because there is a possibility of the law being abused. That way, every law or every provision is capable of… Read full this story
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