Jaipur, Oct 23: A Public Interest Litigation (PIL) was today filed in the Rajasthan High Court against the Criminal Laws (Rajasthan Amendment ) Ordinance , 2017, stating that the ordinance was a licence to commit crime and that it was arbitrary and malafide.
The ordinance was, however, tabled in the Rajsthan Assembly today despite protests and uproar against it.
The ordinance basically bars courts from taking up cases of corruption against public servants, including legislatures, ministers and officials. It also bars media from naming the public servant till it allows the case to be investigated.
Under the ordinance, the government gets 60 days to decide whether a court should hear a matter against a public servant. “No magistrate shall order an investigation nor will any investigation be conducted against a person, who is a judge, magistrate or a public servant,” the ordinance says.
Petitioner Bhagwan Gour, who filed the PIL through his counsel Ajay Jain, states in his petition that the ordinance is violative of Article 14, 19 and Article 21 of the Constitution of India. The petition also says that the operation of ordinance is prejudicial to the exercise of fundamental rights of petitioner and takes away or abridges the fundamental rights of the petitioner of fair investigations as well as equality. Fair investigation is part of fundamental right to life.