SC/ST Review Petition: SC Says even Parliament can’t Infringe Fundamental Right

May 17, 2018

The Two-Judge Bench of the Supreme Court yesterday deferred the hearing in SC/ST Review Petition case and the matter will now be heard when the Court resumes in July after summer vacation.

The review petition in the case has been filed by the Centre against Supreme Court’s judgment pronounced in March this year in the case of Dr. Sunhash Kashinath Mahajan v. The State of Maharashtra whereby the Apex Court to prevent alleged abuse of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act, 1989 directed that in respect of offences under the Atrocities Act, no arrest may be effected, if an accused person is a public servant, without written permission of the appointing authority and if such a person is not a public servant, without written permission of the Senior Superintendent of Police of the District.

Supreme Court’s Directions on Prevention of Misuse of SC/ST Act

While adjourning the hearing in the case, Justice A.K. Goel remarked that even the Parliament cannot infringe the fundamental right of life and liberty of an individual. He also stated that the right guaranteed under Article 21 is to be read in every law and if there is a sword hanging on a person’s head that he can be put behind the bars without a fair procedure, then we are not living in a civilized society.

About the Author

Shilpi Sharan

- Shilpi Sharan is the Editor at Vakilno1.com - an Advocate with extensive knowledge in myriad fields of Law. She has a flair of writing and has legal publications in national and international law magazines to her credit. She focuses on legal research and aims at raising public awareness of laws in India.