The Supreme Court on Tuesday set up a two-judge bench to hear the Centre’s petition challenging its judgement that protects a public servant from being arrested under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act without a preliminary inquiry.

A bench of Justice AK Goel and Justice UU Lalit will hear the petition in open court at 2 pm on Tuesday, Bar & Bench reported.

The court agreed to hear the petition a day after at least nine people died, and hundreds of others were detained after violence broke out in several states during protests against its order. Multiple Dalit organisations had called a nationwide shutdown.

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On Monday, the Centre contended that any dilution of the statute would deprive Dalits and Adivasis the right to a dignified life as guaranteed under the Constitution, but the Supreme Court refused to list the petition for an urgent hearing. Chief Justice of India Dipak Misra said there was no urgency to list the case, and that it would be taken up in time.

On Tuesday, however, the Attorney General KK Venugopal mentioned the matter before CJI Misra and asked for a stay on the judgement citing the law and order situation situation in the country, according to Bar & Bench.

The order and criticism

While passing the order on March 20, the Supreme Court said the move was aimed at curbing the alleged misuse of the Act. As per the order, no public servant can be taken into custody until an officer, not below the rank of deputy superintendent, conducts a preliminary inquiry. The bench of Justices Adarsh Goel and UU Lalit also said a public servant can be arrested only after the authority that appointed him approves it.

The order was criticised by leaders across party lines, as well as members of the SC/ST communities. While several BJP leaders earlier demanded the review petition, the Congress accused the Centre and the Maharashtra government – parties to the case – of not presenting it properly before the top court.