INDIA
Bill tabled in Rajasthan bars media from reporting against public servants
The Maharashtra government, while carrying out an amendments to sections 156 (3) and 190 of the Criminal Procedure Code(CrPC), has not imposed any ban on media and journalists from disclosing the identity of the judge or any public servant facing allegations. However, the bill tabled on Monday by the Rajasthan government to amend the CrPC, bars the media from naming the public servants, legislators and judges till it allows the case to be investigated.
In the case of Maharashtra, there is a 90-day limit stipulated to decide if a court should order an inquiry into a private complaint against a minister, lawmaker or an official. The sanction shall be deemed to have been accorded by the sanctioning authority if it fails to take the decision within that period. The amendments came into effective from June 2015.
In Rajasthan, the sanctioning authority will have to take its decision within 180 days from the date of receipt of the proposal. The ordinance also provides that in the absence of a decision within the stipulated period, the sanction will be deemed to have been granted.
The criminal laws (Rajasthan amendment) ordinance, 2017, which was promulgated on September 7, by the Rajasthan government makes it a crime for media to report on the accused minister, lawmaker or official without sanction. The ordinance thereby controls not just the investigation, but publication of new and other details of individuals sought to be investigated. Whoever contravenes the provisions shall be punished with imprisonment, which may extend to two years and shall also be liable to a fine.
In Maharashtra, the amendment has taken away the discretionary powers of the courts in case a complaint is filed against public officials. According to the amendment, no FIR can be registered against a public representative without sanction from a competent authority.
Police won't be able to file an FIR against any MLA or MP without the sanction from the speaker of the house. The amendment extends to lowest level elected representatives and public officials like panchayats and municipalities. There is no time limit prescribed for the state government to decide if a court should order an inquiry into a private complaint against a minister, lawmaker or an official.
A Maharashtra government officer told DNA,'' It will be quite difficult to give the present status of complaints filed against public officials after valid sanction from a competent authority since the CrPC was amended. It is a highly decentralised process and has not been captured by the government's data gathering mechanism.''
Meanwhile, the Opposition, Nationalist Congress Party (NCP) has demanded that the state government immediately reverse the amendments in the CrPC as this will pave way for initiating action against corrupt officials and elected representatives. NCP spokesman Nawab Malik alleged that the state government hurriedly passed the amendments due to majority in the legislature. Ironically, scams involving many BJP ministers are surfacing in Maharashtra, but no action has been taken against them. If the government fails to revoke the amendments made in the CrPC, then NCP will go to people,'' he added.
Inputs from Sudhir Suryavanshi
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