Crack in the Shield!

Rajasthan government seems to have lost its nerves over the Ordinance. After facing severe criticism from political parties, civil societies and media, chief minister has agreed to review the Ordinance that aims to shield public servants against malicious allegations besides barring media to report on such allegations without verification by the government.

According to highly-placed sources, government may refer this Ordinance to select committee for review and its recommendations. 

Sources said that the select committee would have to place its recommendations in this session itself. 

“If it fails to do so, the entire Ordinance may get quashed,” the source said. 

However, there is every likelihood that the portion referring to media gag may be deleted and remaining Ordinance may be passed based on select committee’s recommendation. The Maharashtra government also has similar law barring any media restrictions.

For constituting the select committee, damage control and further plan of action, the chief minister has directed her cabinet colleagues including Gulab Chand Kataria, Yunus Khan, Rajendra Rathore, Arun Chaturvedi and summoned BJP state chief Ashok Parnami to review the Ordinance and situation.

Sources said that now government may bring in some amendments in the Ordinance before placing it in the assembly. 

“Provisions barring media to report on public servants without getting go ahead from the government may be deleted from the Ordinance. Government is wary of widespread media protest which may create negative public perception about the party and government. CM doesn’t want to take risk after doing such a wonderful job,” source said.

For the last 36 hours, Raje government has been under incessant attack. Much of the cyber bandwidth has been occupied with condemnations from all quarters over her Ordinance that aims to shield honest public servants against malicious allegations besides barring media to report on allegations without any verification. Media termed it a gag on the fourth estate and demanded withdrawal of this ‘controversial’ Ordinance. The government defended the provisions of Ordinance terming it much needed immunity for public servants who generally fall victim to black mailing by people who malign image of officers and their families implicating them with false allegations.

The Ordinance may have gone well with the public but the provision which restricts media from reporting created furore. Entire national and local media including Editors Guild went after Raje government terming the Ordinance ‘Draconian’.

“Fuelled by unprecedented media support the feeble opposition went full throttle against the government. The resistance was so stiff that Congress leaders including its chief Sachin Pilot had to be detained,” said a political observer.  Chief minister Vasundhara Raje has been closely monitoring the turn of events. Sensing that this Ordinance could arm Congress with an election issue, she decided to review the Ordinance to make it more acceptable.

“Raje doesn’t want to throw away the edge she has managed to maintain. If a small modification can snatch an issue from the opposition and soothe nerves of media, she is ready for the amendment, especially when the state goes for election next year,” the observer added.

Ordinance challenged in Court

• Two litigations were filed in Rajasthan High Court challenging the Criminal Laws (Rajasthan Amendment) Ordinance, 2017. The writs have termed the Ordinance as unconstitutional and demanded it being quashed. The Ordinance was tabled in the assembly today. 
• Advocate A K Jain and Poonam Chand Bhandari have filed two different cases challenging the Ordinance. 
• Jain is counsel for litigant Bhagwat Gaur. The writ seeks that the Ordinance be declared ultra vires, void and unconstitutional.    
• The writ is listed to be heard before the court on Friday 27 October.   
• The second case is a PIL filed by the head of the legal cell of AAP Rajasthan, Poonam Chand Bhandari. In his PIL, Bhandari had termed the Ordinance as unconstitutional and one that curtails the powers of the judiciary. It seeks that the court quashes the Ordinance.