The laws are meant for protection and regulation but now the Supreme Court has come out to protect the public servants from misuse of laws.
Dealing with a case under SC/ST Act the court introduced the provision of anticipatory bail and laid down a condition that under this Act there should not be automatic arrest on filing a complaint.
The Court laid down a procedure that first there must be inquiry by a DSP rank police officer. The SC/ ST Act Section 18 provides denial of bail, but now under order in the judgment now the bail and even the anticipatory bail can be granted to accused.
Besides these directives and to introduction the Supreme Court directed the State and the society that steps should be taken to achieve the constitutional goal of a “caste-less” society and prevent the misuse of law resulting on spreading hatred on caste lines.
Making the charges under the SC/ ST Act bailable the Court observed that such a protective provision was required to safe guard interest and dignity of innocent and prevent misuse of the ST/ SC Act as an instrument of blackmail or wreak personal vengeance.
The court directed in view of abuse of law on arrest in cases under the Act arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the SSP which may be granted in case if considered necessary for the reasons recorded and reasons must be scrutinized by magistrate for further detention.
The Court said that judiciary could not remain a mute spectator when the law being misused to frame innocence in criminal cases and the courts have to intervene for protection of people’s liberty as presumption of innocence is a human rights.There days there reports galore about the misuse of Anti Dowry Act also. There should be some safeguard about it also.
The Supreme Court should also ensure to provide safeguard to the people by the judicial harassment by way of constant adjournments in the cases and giving dates after dates. Many cases can be decided only in the basis of complaints and counter reply to it by the defendants. Procedures required to be made simplified. The prime objects should not be the procedures but imparting justice and judgments.