Reservation for SC, ST is a right nobody can take away: PM

New delhi, Feb 10: The Supreme Court on Monday upheld the constitutional validity of the SC/ST Amendment Act, 2018, and said a court can grant anticipatory bail only in cases where a prima facie case is not made out.

A bench headed by Justice Arun Mishra said a preliminary inquiry is not essential before lodging an FIR under the act and the approval of senior police officials is not needed.

Justice Ravindra Bhat, the other member of the bench, said in a concurring verdict that every citizen needs to treat fellow citizens equally and foster the concept of fraternity.

Justice Bhat said a court can quash the FIR if a prima facie case is not made out under the SC/ST Act and the liberal use of anticipatory bail will defeat the intention of Parliament.

The top court's verdict came on a batch of PILs challenging the validity of the SC/ST Amendment Act of 2018, which was brought to nullify the effect of the apex court's 2018 ruling, which had diluted the provisions of the stringent Act.

Lucknow, Mar 3: Two days after wife of Kafeel Khan, who is booked under the National Security Act, alleged that her husband faced a threat to life in Mathura jail, where he is lodged for anti-CAA protests, the District Magistrate claimed that Khan was 'fully secure' in the jail.

"Kafeel Khan, who has been booked under the National Security Act (NSA) for alleged inflammatory statements during an anti-CAA protest in Aligarh, is absolutely fine and fully secure in Mathura jail. Allegations of 'inhuman' treatment being meted out to him are baseless," Mathura District Magistrate Sarvagya Ram Mishra said on Monday.

Also Read: Kafeel Khan’s wife fears threat to his life
Senior Superintendent of Mathura district prison, Shailendra Maitrey, said that Khan's condition is being monitored every half an hour and the report is written in the gate book. He said, his ECG is normal and blood pressure was also in control.

He said that Khan was demanding checkup from a cardiologist.

"Since no specialist is available in the government sector here, his request could not be complied with. However, the jail authorities have sent his request to chief medical officer and have asked him to make a specialist available," the jail official said.

He said Khan is in barrack, which is fully ventilated, and he shares it with 50-60 'good behaviour' prisoners.

It may be recalled that in a letter to the Chief Justice of Allahabad High Court, Additional Chief Secretary (Home), and Director General (Jail), Shabista Khan, wife of the jailed doctor, had alleged that her husband was being treated inhumanely in the jail.

She feared that an attempt could be made on her husband's life inside the jail. She had demanded adequate security for him and had urged that her husband should be kept away from active criminals lodged in the jail.

Khan was booked by Aligarh police on December 13 for delivering a provocative speech in Aligarh Muslim University (AMU) during an anti-CAA protest in the campus, a day earlier, and was arrested from Mumbai airport on January 29 by Uttar Pradesh special task force.

The Aligarh police had slapped the stringent National Security Act (NSA) against Khan on February 13 night, hours before he was expected to walk free from the Mathura jail, after he was granted bail by Aligarh's chief judicial magistrate on February 10.