Cannot Issue Blanket Prohibitory Order Restraining High Courts From Applying Arnesh Kumar Guidelines To SC/ST Atrocities Cases: SC

The Supreme Court has dismissed a Writ Petition under Article 32 of the Constitution of India seeking inter alia an order prohibiting the High Courts from applying the guidelines issued by the Apex Court regarding arrest in its Judgment in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273, in cases registered under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

In Arnesh Kumar's case, the Apex Court had issued guidelines for arrest in cases registered under Section 498-A of IPC, to prevent abuse of the said provision.

"No blanket prohibitory order restraining the High Courts from applying Arnesh Kumar’s case (supra) can be issued by this Court", the Bench of Justice Surya Kant and Justice Dipankar Dutta observed.

AoR Dr. Ashok Siddhartha Priya Ram Singh appeared for the petitioner in the case. 

The Court held that the Writ Petition, which also sought an omnibus prayer to declare that all the judgments, orders or directions where Arnesh Kumar’s case has been followed were violative of Fundamental Rights under Articles 14, 17, 21 of the Constitution, is "wholly misconceived and misdirected".

"It goes without saying that if the principles enunciated in Arnesh Kumar’s case (supra) have been erroneously applied by a court, the complainant/victim in such a case can seek redressal of his grievance before an appropriate forum", the Court noted.  

The Court also noted that assuming that a High Court has passed an erroneous order, the remedy does not lie under Article 32 of the Constitution. Such an order can be subjected to judicial review of this Court through appropriate proceedings initiated by an aggrieved person, the Court observed.

The Court further held, "That apart, the relief sought by the petitioner would amount to modification or partial review of the judgment of this Court in Arnesh Kumar’s case (supra), which is impermissible in exercise of power under Article 32 of the Constitution".

The Court also clarified that the present order will have no bearing on the rights or grievances of the complainants/victims, who may in furtherance of their own individual rights, avail an appropriate remedy.

Cause Title: Anil Kumar Alias Anil Baba v. Union of India & Ors. (Writ Petition (Crl.)No.577 of 2023

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