Rajasthan government under the leadership of Vasundhara Raje had passed an ordinance a few days back, which bars courts from taking up cases against legislators, ministers and officials without the government’s sanctions and prevents media from naming public servants involved in corruption cases.
The ordinance received opposition from the Congress and the Rajasthan Congress President Sachin Pilot along with many others were also detained by the police for demonstrating protest. The opposition had also staged a walkout when the ordinance was brought up in the House.
Sachin Pilot on Thursday challenged the controversial ordinance in Rajasthan high court. He has moved a writ petition in the Jaipur bench seeking to quash of the ordinance.
Following the protest and opposition Rajasthan Chief Minister Vasundhara Raje, after a meeting with senior BJP members was forced to rethink on the ordinance and had passed it to the select committee. The Bill was tabled in the Assembly on Monday to replace the ordinance, however, the ordinance remains in force for six weeks as it has been referred to the select committee for reconsideration.
The petition filed by Pilot read that that the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, promulgated on September 6, violates Article 14 (right to equality) and Article 19 (1) (a) (freedom of speech and expression) of the Constitution by curtailing the powers of courts to order investigation on complaints made against public servants.
He argued that the ruling BJP in Rajasthan, through the ordinance was trying to safeguard the corrupt officers by baring to take action against them without the permission of the government. The Congress leader also argued that “the Ordinance also dilutes the principle of separation of powers as it makes a magistrate’s power to order investigation subject to executive sanction by the state government.”
The petition also stated that by inserting the Section 228-B in the Indian Penal Code, a new provision for punishment was given in the ordinance if any public servants identity was disclosed before prior sanction from the government. The petition argued that this provision in the ordinance that restricted a media to report on the accusations and punishment of two years of imprisonment if violated trespasses the right to free speech.
“The intent of the government is suspect. Sending the Bill to the committee was a face saving measure. Does the government want to protect certain individuals even after the entire Opposition and journalists have risen against its move?.” questioned Sachin Pilot.
Other than the petition filed by the Rajasthan Congress President, four other public interest writ petitions were filed by activists and lawyers all stating that the ordinance will only encourage corruption and it violates the constitutional rights of the citizens. The High Court will be hearing all the five petition on Friday.