The Centre will file a review petition on Monday before the Supreme Court and will plead to it for a modification of its earlier order passed on March 20, in connection with the SC & ST Act, 1989, government sources said.
The Apex Court in its order on March 20, held that a state government official cannot be automatically arrested on a complaint filed under the Act & sanction of appointing authority is must before taking such action against a public servant.
The Supreme Court in its judgement, had held that there was no absolute bar for granting the anticipatory bail in the matter of atrocities.
The Apex Court had said that the preliminary investigation by police is a must now and a sanction by the competent authority will be required in cases against public servants.
A public servant can be arrested after grant of approval by the superior officer. In case of registration of any offence, the DSP shall conduct a preliminary enquiry, the bench of the Apex Court said in its judgement.
A division bench of the Apex Court headed by Justice Adarsh Kumar Goel had passed the judgement on March 20. The Top Court had appointed Amarendra Saran, senior Supreme Court lawyer as the Amicus Curiae (friend of the court) to assist it in the matter.