Rajasthan ordinance to shield babus from public scrutiny challenged in Jaipur High Court
By APS Brar
Bathinda: 23 October, 2017: The Criminal Laws Ordinance, 2017, seeking to protect serving and former judges, magistrates and public servants in the state from being investigated for on-duty action, without its prior sanction has been challenged through a PIL in the Jaipur High Court on Monday. It has been challenged by a lawyer from Jaipur.
This action of the Vasundhdra Raje government has faced huge criticism from the social activists, Congress and legal luminaries. They have opposed the amendments and demanded it’s quash. They have termed the Rajasthan ordinance is against free speech. Constitutional expert Shanti Bhushan said, “It is highly improper and it should be quashed”.
The Editors Guild of India has also expressed “deep concern” about the Rajasthan Government’s decision to make the Criminal Laws (Rajasthan Amendment) Ordinance 2017 into an Act in the current legislative session.
Law Commission Chairman retired Justice A P Shah questioned how the legislature could make any law for judges when the procedure for action against them has been clearly laid down by the Supreme Court.
The ordinance also prevents courts from issuing directions to register cases against babus, Judges and public servants. The ordinance also provides that no one shall print, publish or publicize the name, address, photograph or any other details or particulars of the judge, magistrate or public servant that can lead to the disclosure of his identity. It further states that anyone who violates the above provisions of the ordinance could be imprisoned up to two years.