The emotive issue of whether those accused of atrocities against Dalits or tribals should be arrested immediately and denied anticipatory bail will now come up before a three-judge bench, with the possibility of a referral to a constitution bench.

A two-judge Supreme Court bench on Friday referred to a three-judge bench, for listing “next week”, the review petitions moved by the Centre and others against a March 20, 2018, judgment that had scrapped these stringent provisions of the SC/ST (Prevention of Atrocities) Act.

This paves the way for the matter to eventually come up before a five-judge constitution bench. Two-judge benches cannot directly refer a case to a five-judge bench; they can only make referrals to a three-judge bench, which can either hear the case itself or pass it on to a five-judge bench.

Parliament had amended the SC/ST Act last year, restoring the provision of automatic arrest and the bar on anticipatory bail.

However, several supporters of the March 20 order had challenged the amendment as hasty, and the three-judge bench will hear their petitions too.