AMN /New Delhi
In a significant judgment, the Supreme Court says there is no absolute bar in granting anticipatory bail in cases lodged against public servants under SC/ST (Prevention of Atrocities) Act, 1989. The Court said that safeguards have been introduced to prevent its misuse.
It has held that prior sanction of appointing authority is required for prosecuting officers for acts done by them with respect to SC/ST Act in their official capacity.
The judgment was rendered by a Bench of Justices AK Goel and UU Lalit in an appeal against a judgment of the Bombay High Court, which had refused to quash the prosecution of one Subhash Kashinath Mahajan, who is the Director of Technical Education.