The Vasundhara Raje government's 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, has been challenged in the High Court.
Senior advocate AK Jain informed that he has filed a writ against the Criminal Laws (Rajasthan Amendment) Ordinance, 2017.
Jain would be counsel for litigant Bhagwat Gaur. The writ petition seeks that the Ordinance be declared ultra vires, void and unconstitutional.
Amid an uproar from the opposition Congress, Rajasthan Home Minister Gulabchand Kataria tabled in the Assembly a bill to replace its ordinance to protect serving and former judges, magistrates and public servants from being investigated without its prior sanction.
The opposition Congress strongly opposed the bill and staged a walkout. BJP MLA Ghanshaym Tiwari, who had expressed opposition to the ordinance, walked out of the Assembly twice when he was not allowed by the Speaker to raise a point of order.
Three more bills were also tabled in the House before the session was adjourned for the day
The Criminal Laws (Rajasthan Amendment) Ordinance, 2017, promulgated on September 7, also seeks to bar the media from reporting on accusations till the sanction to proceed with the probe is obtained.
"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," reads the ordinance which provides 180 days immunity to the officers.
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.
Latest updates
11:42 IST Monday, 23 October 2017
► Uproar in assembly over the Ordinance. Congress demanded that the Ordinance be repealed, stages a walkout.
► BJP MLA Ghanshyam Tiwari also registered protest against Ordinance.
11:41 IST Monday, 23 October 2017
Senior advocate AK Jain informed that he has filed a writ against the Criminal Laws (Rajasthan Amendment) Ordinance. The writ seeks that the Ordinance be declared ultra vires, void and unconstitutional.
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