Sujata V. Manohar, J. - (1.) Special leave granted.
(2.) These appeals by special leave have been filed by the State of Madhya Pradesh and another against the judgment and order dated 25-3-1994 of the High Court of Madhya Pradesh which is the common judgment governing all these appeals. In the petitions which were filed by the respondents here, before the High Court of Madhya Pradesh under Article 226 of the Constitution, the respondents had challenged the constitutional validity of certain provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The High Court, while negativing this challenge in respect of some of the sections of the said Act has, however, held that Section 18 of the said Act is unconstitutional since it violates Articles 14 and 21 of the Constitution of India. The present appeals have been filed by the State of Madhya Pradesh to challenge the finding of the Madhya Pradesh High Court in respect of Section 18 of the said Act.
(3.) Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is as follows: "Section 438 of the Code not to apply to persons committing an offence under the Act:-Nothing in Section 438 of the Code shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act." ;