HC notice to Centre, R’sthan on ‘gag’ Bill

Our Correspondent

Jaipur, October 27

On five writ petitions and two PILs challenging the Criminal Law (Rajasthan Amendment) Ordinance, 2017, the Rajasthan High Court on Friday served show cause notices to the Centre and the state government, seeking their reply by November 27.

A Division Bench comprising Justices Ajay Rastogi and Deepak Maheshwari clubbed all seven petitions, including that of PCC president Sachin Pilot who filed it on Thursday, and posted the matter for hearing on November 27.

The Bench also directed that a copy of the order be served to state Advocate General Narpat Mal Lodha and Additional Solicitor General Rajdeepak Rastogi.

Taking up petitions one by one, the Bench asked the petitioners (their lawyers) to give single example after the promulgation of this ordinance news was blocked in media or a case was not registered with the police. On very pertinent questions, AK Jain, a counsel for one writ petitioner Bhagwat Gaur, mentioned the two cases in which neither Jaipur collector nor the police responded in view of the very ordinance.

Pilot’s counsel argued that the ordinance violates Article 14 (right to equality) and Article 19 (1) (a) (freedom of speech and expression) of the Constitution by curtailing the powers of the courts to order investigation on complaints made against public servants, magistrate or judges.

The ordinance titled the Criminal Laws (Rajasthan amendment) Ordinance, 2017, was tabled in the Legislative Assembly on October 23, and facing flak the Raje government referred its Bill to a select committee for review and reference till next session of the House.

The ordinance amends the Criminal Code of Procedure, 1973, and also seeks curb on publishing and printing or publicising the name, address, photograph, family details of public servants. Violating the clause would call for two-year punishment. Despite being referred to the Assembly’s select committee, the ordinance is still in force for 42 days, till December 4, from the date of Gazette notification on September 7.

Seeks reply by Nov 27

• A Division Bench of the Rajasthan High Court clubbed all seven petitions, including that of PCC chief Sachin Pilot who filed it on Thursday, and posted the matter for hearing on November 27
• All petitions have contended that the Criminal Law (Rajasthan Amendment) Ordinance violates constitutional rights of citizens and will encourage corruption
• The ordinance has extended protection to serving and retired public servants, judges, and magistrates against investigation without prior government sanctions in 180 days