PIL filed against Raje’s ‘gag’ order

Following uproar over bill that proposes to shield senior public servants from probe, Rajasthan CM asked her ministers to reconsider it

JAIPUR: A controversial ordinance shielding on-duty public servants from probe without prior approval was challenged in the Rajasthan high court on Monday.

Following this, Rajasthan chief minister Vasundhra Raje asked senior ministers to reconsider the bill.

Advocate AK Jain filed a public interest litigation on behalf of activist Bhagwat Gaur, pleading that the ordinance be held in violation of Articles 14, 19 and 21 of the Constitution.

The petition said the ordinance – promulgated on September 7 – violated the right to free speech.

“Public servants have to give details about criminal record even in election affidavits. So how can the government seek to hide their identity and shield them from probe?” Jain asked.

“Under the law, the identity of a victim is kept secret not that of the accused,” he added.

JAIPUR: Rajasthan chief minister Vasundhra Raje on Monday night asked senior ministers to reconsider the bill shielding public servants from probe after the proposed legislation was challenged in the high court and the opposition stalled the proceedings of the monsoon session.

The bill is likely to be sent to an assembly committee for wider consultations, government sources said.

Three separate petitions were filed by advocate AK Jain on behalf of activist Bhagwat Gaur, advocate Punamchand Jain for the Aam Aadmi Party and by social worker Srijina Shreshta. The court will hear the writs on October 27. The bill bars the courts from taking up private complaints against public servants such as serving and former judges, lawmakers, ministers and officials — from peon to chief secretary — without the government’s sanction.

The bill also prevents media from disclosing identity of the accused till the government gives nod for investigation. Violation can mean jail term of up to two years and penalty.

Home minister Gulab Chand Kataria told reporters at the Assembly that the bill was not aimed at shielding corrupt officials but was only protecting honest ones.

Kataria said officials were subjected to media trial on basis of allegations and their reputation was tarnished even if later it was proved otherwise. He said Maharashtra had enacted a similar law.

In Delhi, law minister Ravi Shankar Prasad defended the move saying it was aimed at protecting honest officers against motivated complaint and referred to a state government study, which said over 73% of such cases were false.

The Congress, which stalled the first day of the session, was not willing to accept the government’s explanation.

“The government is trying to institutionalise corruption through this draconian ordinance. This is a huge setback to public scrutiny. We will oppose it inside and outside the Assembly,” said state Congress chief Sachin Pilot, who led a protest march at the Governor’s house.

In the house, leader of Opposition Rameshwar Dudi led a protest march of Congress legislators forcing the speaker to adjourn the house for the day.

BJP lawmaker and chief minister Vasundhra Raje’s detractor Ghanshyam Tewari also opposed the bill and staged a walkout. Advocate AK Jain, talking on behalf of one of the petitioner Bhagwat Gaur, said, “Public servants have to give details about criminal record even in election affidavits. So, how can the government seek to hide their identity and shield them from probe?” he said.

To register their protest against the bill, lawyers in the Jaipur district court will boycott work on Tuesday.

The ordinance was issued in September this year.