Bhopal: The Madhya Pradesh police will continue to follow the orders given by Supreme Court on SC/ST (Prevention of Atrocities) Act, even as their counterpart in the neighbouring Chhattisgarh state has withdrawn the circular pertaining to execution of court’s order.
The Chhattisgarh government on Tuesday decided to file a review petition in the SC challenging its order modifying certain provisions of the Act. The government revoked a police department circular for implementation of the apex court order across the state.
IG intelligence Makrand Deouskar talking to media said that police department will follow the orders and instructions given by the Supreme Court in connection with the Act. On April 4, the Madhya Pradesh High Court in Jabalpur has also directed the state government to follow the apex court order, informed IG.
“To review the order is the work of union government, whatever new instructions will be given in this connection, the PHQ will follow them,” stressed Deouskar. Elaborating on the SC’s instruction, IG said that the investigation in case registered under the SC/ST (Prevention of Atrocities) Act, has to finished within seven days. A public servant could be arrested under the SC/ST Act only after approval of the appointing authority while a private individual could be arrested following the senior superintendent of police’s approval, he added.
On March 28, ADG (SC/ST) Pragya Richa Shrivastava had written to the DIG of Indore, Bhopal and Gwalior, all district SPs, all SPs of AJJAKS, railway SPs, all DSP posted at AJJAKS police stations and all police station in-charges of AJJAKS in this connection. In the letter she had cited the instructions as given by the Supreme Court and “Accordingly we direct that in absence of any other independent offence calling for arrest, 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.
Such permission must be granted for recorded reasons which must be served on the person to be arrested and to the concerned court. As and when a person arrested is produced before the magistrate, the Magistrate must apply his mind to the reasons recorded and further detention should be allowed only if the reasons recorded are found to be valid.
To avoid false implication, before FIR is registered, preliminary enquiry may be made whether the case falls in the parameters of Atrocities Act and not frivolous or motivated.”
