Let us know if any prosecution carried out under death penalty provision of SC/ST Act: SC to AG
Supreme Court on Tuesday asked Attorney General R Venkataramani to inform it whether a prosecution has been carried out ever under the provision of mandatory capital punishment to an individual who fabricates false evidence against an innocent member of a scheduled caste or a scheduled tribe. A bench of Justices Surya Kant and K V Viswanathan was hearing a PIL filed by advocate Rishi Malhotra, who has sought striking down of the mandatory death penalty provision under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Section 3 (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 stipulates mandatory death sentence in a case where an innocent member of a scheduled caste or a scheduled tribe is convicted and is executed in consequence of a false and fabricated evidence given by the concerned accused.
As the hearing commenced, Venkataramani submitted that it is important to have some data as to whether offences under this provision have occurred at all.
The top court then asked Malhotra if there was any single instance of conviction under this provision.
The lawyer replied that he did not have data regarding that.
The top court said the provision takes away the judicial discretion in the matter of quantum of sentence.
The bench then asked Venkataramani to try to get information and submit a short note on the issue.
«Is there any single instance where conviction has taken place. Has any conviction ever taken place? Can you use your good offices to
