The Rajasthan government under the leadership of Vasundhara Raje has passed an ordinance 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.
According to the ordinance, no public servant during the tenure of his job is liable for questioning for the decision taken during its duty except under the code of criminal procedure 197 K. The issued ordinance also states that no FIR can be lodged against any public servant, nor the police are allowed to file any FIR. Nobody can move to the court against any public servant nor can the judge take any decision against any serving or former judges, magistrates and public servants in the state.
It also states that at the government level the competent authority will have to give the permission of investigation within 180 days. If one, does not get any revert back within 180 days, it will be considered as granted.
Reacting to the ordinance, Social worker Kavita Srivastava criticised the decision of Vasundhara Raje saying that the state is following the black law. She said that under this new ordinance, corruption will prevail and even the media will not be able to do anything.
It has also been said in the ordinance that the name and identity of any judge, magistrate or public servant cannot be issued until the competent authority of the government does not allow it. Criminal Law Rajasthan Amendment Ordinance 2017 clearly prohibits the writing of the media.
The Vidhansabha session is starting from 23 Oct, and prior to the session passing of such ordinances is raising a lot of questions on the Raje government. The ordinance stated that since the assembly is not in session, therefore it was important to pass the ordinance. It will be presented for legislation in the assembly session.
Home Minister Gulabchand Kataria says that we have brought this Ordinance to save the honest officer. Any honest officer was afraid to work because of the fear that someone would deliberately make a false complaint by trapping him, he added.
Congress Deputy Chief Whip in the Rajasthan assembly, Govind Singh Dotasra, in his statement to the press said that “You can’t just gag media; it will publish what has to be published. How can the government impose such restrictions? Why such privileges to public servants? There should be transparency and we will oppose this Bill. They have attacked Congress over transparency and now they are going ahead with this.”
The ordinance passed by the Vasundhara Raje government is an amendment of the Criminal Code of Procedure, 1973 and also seeks to curb publishing and printing or publicising, in any case, the name, address, photograph, family details of the public servants. Violating the ordinance will result in a punishment of two years of imprisonment.
The ordinance clearly means that no one has the right to practice the freedom of speech and right to justice. Whether it be a complaint against an official servant regarding mistake in Adhar card, or even if he demands or accepts a bribe or any other fault during the tenure of his duty, complaints against the Rajasthan government officials will only be registered after it gets the permission from the Raje government.
Leave aside the complaint, the name of the government officials accused of corruption or negligence cannot be taken in any newspaper or news channel. Vasundhara government has given this protection cover to his babus through an Ordinance.