<p class="title">The Allahabad High Court Tuesday told police they could not arrest four people booked for assaulting a Dalit woman and her daughter without following the CrPC provisions endorsed by the Supreme Court in an order in 2014.</p>.<p class="bodytext">Though the case was registered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – as well as under IPC sections – the court prevented the police from making an immediate, “routine” arrest.</p>.<p class="bodytext">The ruling was given by Justices Ajai Lamba and Sanjay Harkauli of the High Court’s Lucknow bench.</p>.<p class="bodytext">In 2014, the SC had endorsed guidelines on arresting the accused in the Arnesh Kumar case.</p>.<p class="bodytext">Sections 41 and 41A of the CrPC stipulate that an accused facing a jail term of up to seven years would not be arrested unless the police record elaborate reasons for the need of an arrest.</p>.<p class="bodytext">The high court ruling comes soon after Parliament passed a Bill overriding a Supreme Court judgment to prevent the misuse of the SC/ST law, particularly on arrests without a preliminary investigation.</p>.<p class="bodytext">Tuesday’s ruling was on a bail plea by a Gonda resident Rajesh Kumar and three members of his family, who were accused by a Dalit woman of abusing and assaulting her and her daughter.</p>.<p class="bodytext">The family members were booked for various penal offences besides the stringent provisions of the SC/ST Act.</p>
<p class="title">The Allahabad High Court Tuesday told police they could not arrest four people booked for assaulting a Dalit woman and her daughter without following the CrPC provisions endorsed by the Supreme Court in an order in 2014.</p>.<p class="bodytext">Though the case was registered under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act – as well as under IPC sections – the court prevented the police from making an immediate, “routine” arrest.</p>.<p class="bodytext">The ruling was given by Justices Ajai Lamba and Sanjay Harkauli of the High Court’s Lucknow bench.</p>.<p class="bodytext">In 2014, the SC had endorsed guidelines on arresting the accused in the Arnesh Kumar case.</p>.<p class="bodytext">Sections 41 and 41A of the CrPC stipulate that an accused facing a jail term of up to seven years would not be arrested unless the police record elaborate reasons for the need of an arrest.</p>.<p class="bodytext">The high court ruling comes soon after Parliament passed a Bill overriding a Supreme Court judgment to prevent the misuse of the SC/ST law, particularly on arrests without a preliminary investigation.</p>.<p class="bodytext">Tuesday’s ruling was on a bail plea by a Gonda resident Rajesh Kumar and three members of his family, who were accused by a Dalit woman of abusing and assaulting her and her daughter.</p>.<p class="bodytext">The family members were booked for various penal offences besides the stringent provisions of the SC/ST Act.</p>