Raje govt introduces criminal laws ordinance amidst protest, walkout

Yash Goyal

Jaipur, October 23

Despite protest, uproar and walk out by opposition Congress legislators and one rebel BJP MLA, the Vasundhara Raje government on Monday introduced in the Legislative Assembly the Criminal Laws (Rajasthan Amendment) Ordinance, 2017. 

The Criminal Laws (Rajasthan Amendment) Ordinance, 2017, seeks to protect serving and former judges, magistrates and public servants in the state from being investigated for on-duty action, without its prior sanction.  

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Meanwhile, a writ petition challenging the ordinance was filed in the Rajasthan High Court today.

The petition filed in the Jaipur Bench of the high court by activist Bhagwat Gour contends that the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, was “in contravention of fundamental rights as enshrined under Part-III of the Constitution of India”, his counsel A K Jain said.

The Rajasthan Government had last month promulgated the ordinance.

It bars the media from reporting on such accusations till the sanction to proceed with the probe is given by the government. According to the ordinance, 180 days of immunity is provided to the officers. If no decision is taken on the sanction after the stipulated period, the sanction will be automatically granted.

Before the beginning of the first day of assembly session, Congress MLAs, led by Leader of Opposition Rameshwar Dudi, held a protest against the ordinance labelling it a “black law” to shelter corrupt officials and boost corruption. 

Holding placards and putting black straps around their mouth, Congress MLAs walked from Vidhyakpuri and entered into assembly premises to attend the session here.

They had to face a tough time as police prevented them from entering the assembly and many of them jostled with the security forces. 

As Speaker Kailash Meghwal began to read some notifications, Congress MLAs rose and demanded repeal of the ordinance terming it “highly unconstitutional” and “undemocratic” and a tool “to crush the voice of media”. 

Uproar further aggravated when BJP’s rebel MLA Ghans Shyam Tiwari tried to speak which the Speaker did not allow and one Independent MLA, MC Surana, who also tried to raise some legal issues related to Ordinance. 

Home Minister GC Kataria introduced the ordinance amid noisy scenes and exchange of allegations between treasury benches and opposition whips.

The home minister said members of the House were free to discuss or debate on its pros and cons and then it would be decided by the House to clear the Bill or not.

Parliamentary Affairs Minister RS Rathore denied that no debate shall be allowed on the introduction of the Bill as per the business rules. 

Later, Independent MLA Surana questioned the ordinance’s legal sanctity saying without the consent of the President, no Central Act (CrPC) can be tabled for amendments in the state assembly.

“We MLAs do not want immunity under this amendment. We know how to protect ourselves. This is going to be disastrous. It is going to be an undeclared emergency in the state. It is shameful for the BJP government to get it tabled without the sanction of the President,” Surana alleged.