Rajasthan Criminal Law Regulation: High Court Concerns Discover to Centre, State

The Rajasthan High Court on Friday released notification to the Central and the State federal government over the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, hearing 7 petitions challenging the Ordinance. The notification was released by a bench of Justices Ajay Rastogi and Deepak Maheshwari, hearing petitions submitted by Rajasthan Congress state president Sachin Pilot, Aam Aadmi Party (AAP) leader Poonam Chand Bhandari, supporter Bhagwat Gour, People’s Union for Civil Liberties (PUCL), social activist Srijana Shreshth, and others.

The petitions had argued that the Ordinance breaks Constitutional arrangements and is “prohibited.”.

” It was a brief hearing; all 7 petitions were clubbed together. When the case was opened, Sachin Pilot’s petition was noted. The court made a pointed question that if you are asking for a stay on the Ordinance, is there any case where a case may not have actually been signed up because of it, or if the press was stopped from releasing anything,” stated supporter Ajay Kumar Jain, who was representing Gour.

Jain stated he informed the court about a case versus a leading Jaipur district administration authority and another versus a Jaipur civic company where the court has not been granted sanction and nor have the accusations of abnormalities been released anywhere because of the Ordinance.

The Ordinance restricts examination without previous sanction versus “a Judge or a Magistrate or a public servant”, acting or previous, for any “act done by them while acting or claiming to act in the discharge of their main responsibilities”. Under its arrangements, the media too cannot report on the allegation versus such a person till the prosecution gets the consent from the approving authority, which might use up to 6 months. The federal government had tabled a Bill in Rajasthan Assembly on Monday, to change the Ordinance, but the Bill was described a Select Committee by the federal government following extreme criticism. The Ordinance, nevertheless, will be in force for 6 weeks from October 23, when the Bill was stabled.

Previously, Pilot stated that “The Chief Minister and the state-federal government have actually referred the Bill to a Select Committee as a ‘face-saver’. There is no validation for this since the essence of this Bill is to supply a legal guard to corruption; it means to throttle the media. There is absolutely nothing to reassess in the Bill and even though it has been referred to a Select Committee, the Ordinance is still in application. I appealed to the High Court that this Ordinance is versus Articles 14, 19 and 21 of the Indian Constitution and is unlawful. “.

” The court asked the state to send its reply in 4 weeks, and noted the matter for November 27,” stated Poonam Chand Bhandari, who is also in-charge of AAP’s Rajasthan Legal Cell.