The Vasundhara Raje government in Rajasthan passed an ordinance on 21 Sep, that no more allows the courts from taking up private complaints against both serving and former judges, magistrates and public servants in the state for on-duty action without prior sanction from the government.
It does not just end here, the ordinance also bars the media from naming any judge or public servant being investigated or reporting the accusations till the sanction from the government. This ordinance is receiving a lot of criticism on the grounds that the BJP government in Rajasthan is clearly trying the constitutional right of an Indian of right to speech and right to freedom.
However, defending the government’s decision Rajasthan Home Minister Gulab Chand Kataria in his statement to the press said that, Rajasthan government maintains a zero tolerance against corruption. Citing the reason for this controversial ordinance, the Raje government argued that 75% of the cases registered under CrPC against government officials are fake.
Kataria, favouring the government’s decision said that Rajasthan is not only the state to have passed such an ordinance, Maharastra too had done it in 2015. The Criminal Laws (Rajasthan Amendment) Ordinance, 2017 amends the Criminal Code of Procedure, 1973 and also bars the media from naming the public servant till the Rajasthan government allows the case to be investigated.
He further added that the only aim of the ordinance is to bar the people from misusing the section 156(3) and hamper the image of honest officers. Adding figures to his arguments, Kataria said that “From 2013 to 2017, 73% people who were probed under section 156 (3) faced mental harassment although they were not guilty.”
Rajasthan Home MInister also assured that passing the ordinance does not mean that cases will not be registered against corrupt public servants. He said that if the sanctioning authority, within 180 days finds that the allegations made are true, then strict action will be taken against the accused officer.
The ordinance will be raised in the Rajasthan Assembly today, and it is likely to be passed as the ruling BJP has 162 of the 200 seats in the House.
Reacting to the ordinance the highly outnumbered Congress has said that it will surely oppose the ordinance not just in the assembly, but will also take the protest to the roads. Congress state unit chief Sachin Pilot on Sunday said that the party will also move court against BJP. “We would stage dharnas on Monday at the Assembly,” he added.
Commenting on the reason cited by BJP for passing such an ordinance, Sachin questioned that even if 75% of the cases registered are fake, as claimed by BJP, what about the 25% cases that are genuine. “What about the remaining 25%? Even if the rate is as high as 99% and only 1% corrupt officials or even one corrupt official needs to be caught, you cannot put in place a draconian Ordinance,” he said.
Sachin said that it is shocking how the Raje government is trying to institutionalise corruption. “It shows the mindset. They are not willing to stand up against corruption,” he alleged.
In his statement to the press, Sachin said that “This is the last year of the BJP government in Rajasthan and the new law that they want to pass on Monday states that no media person, no individual can name any corrupt public servant who has done any acts of corruption. Basically, they are trying to safeguard the interest of the people through which they conduct the corruption and scandals in Rajasthan.”
Further criticising the ordinance he added that “if you do not get the government’s nod, you cannot even report a story about an alleged scam or some issues of corruption. I think the government of Rajasthan is very clear about what they want to do, going to elections in about 11 months time, they have made up their mind, whatever corruption they have done in the past four years, they want to make sure that through the people that they have operated, any public servant who was indulged in corruption cannot be questioned, until the government approves.”
Question the decision of the Raje government, the Sachin said that, “why will the government approve the question of a public servant through which it is conducting corruption? Why must you have a law that you need the government’s sanction, to ask questions and to make people accountable?” “I think it smacks of nepotism, it is going to increase the number of people who are willing to take up such corrupt practices, to ensure their interest is safeguarded. We will oppose this not just in the assembly but also on the streets” he added.