Congress, PUCL condemn Rajasthan govt ordinance shielding judges, babus

Yash Goyal

Jaipur, October 21. 

The opposition Congress and civil rights group People’s Union for Civil Liberties (PUCL) on Saturday condemned the Rajasthan government’s ordinance protecting judges and bureaucrats from probe without its prior sanction, alleging that it would give a “legal shelter to corruption” at the administrative level.

The Vasundhara Raje government had passed an ordinance which seeks to protect both serving and former judges, magistrates and public servants in Rajasthan from being investigated for on-duty action without its prior sanction.

The Criminal Laws (Rajasthan Amendment) Ordinance, 2017, promulgated on September 7, also sought to bar the media from reporting on accusations till the sanction to proceed with the probe was obtained.

Demanding repeal of the ordinance, both threatened to launch an agitation if the ordinance is introduced in the upcoming Assembly session for approval.

Slamming the ordinance, Congress leader Sachin Pilot said, “I am absolutely shocked by how the state government is trying to institutionalise corruption.”

“This is ridiculous that no action would be ensured against those officers/employees accused in corruption cases until a prosecution sanction is granted by the government,” Pilot said, while pointing out that violating the clause would call for two years imprisonment.

State president of PUCL Kavita Srivastava said the amendments and provisos were to “gag the media” and “clipping” the powers of the magistrate to order an investigation, investigate or take cognisance of complaints against public servants including judges and magistrates.

“We will go to the high court tomorrow against the government’s move. The ordinance should be repealed,” she said.

“It is alarming that the intention is to prevent at the very threshold any possibility of an investigation being ordered by a magistrate when clinching evidence is prima facie brought before the court,” Srivastava said.

Defending the ordinance, the government claimed that Rajasthan would not be the first state to bring such amendments to the CrPC and IPC. The Maharashtra government has already done so on December 23, 2015, an official statement said. The government has no intention to protect or shelter the corrupt public servant in any way, the statement added. 

The ordinance, which provides 180 days immunity to the officers, reads, “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is or was a judge or a magistrate or a public servant.” If there is no decision on the sanction request post the stipulated time period, it will automatically mean that sanction has been granted.

The ordinance amends the Criminal Code of Procedure, 1973 and also seeks curb on publishing and printing or publicising in any case the name, address, photograph, family details of the public servants.

Violating the clause would call for two years imprisonment.