Raj tables controversial bill, oppn moves court
BAD LAW Cant make govt nod for prosecute public servants mandatory, says Cong
The Rajasthan government’s bill introduced in assembly on Monday shielding public servants from probe till its sanction was challenged in the high court on Monday as the opposition stalled the proceedings of the monsoon session over the issue.
The ordinance bars courts from taking up private complaints against public servants such as serving and former judges, lawmakers, ministers and officials without government 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 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 that they were honest. 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
JAIPUR:
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,” state Congress chief Sachin Pilot, who led a protest march at the Governor’s house, said. 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.
Three petitions were filed in the high court against the bill on Monday. The court will hear all the writs on October 27.
Advocate AK Jain, talking on behalf of one of the petitioners, said the proposed law should be held ultra vires of the Constitution saying it violated articles 14, 19 and 21.
“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 asked. “Under the law, the identity of a victim is kept secret not that of the accused,” he said.
Jain said the bill violates independence of the judiciary as it takes away the power of a magistrate to order an investigation, while an SHO or SP still has power to register an FIR against any public servant without any sanction from government.
Lawyers in the Jaipur district court will boycott work on Tuesday to oppose the bill. Civil society activists also slammed the proposal and sought its repeal.
The ordinance was brought on September 6, 2017 and was published in the Gazette on September 7, 2017 .