Sachin Pilot challenges Rajasthan 'gag' ordinance in High Court

The petition is likely to come up for hearing on Friday along with four other public interest litigation petitions.

October 26, 2017 01:52 pm | Updated December 03, 2021 10:39 am IST - JAIPUR:

 Rajasthan Congress President Sachin Pilot.

Rajasthan Congress President Sachin Pilot.

Rajasthan Pradesh Congress Committee president Sachin Pilot on Thursday moved a writ petition in the Rajasthan High Court in Jaipur challenging last month's controversial ordinance, which has extended protection to public servants, judges and magistrates against investigation and prosecution without prior sanction.

Though the BJP government tabled a bill to replace the ordinance in the Assembly on Monday, the ordinance remains in force for six weeks, as the Bill has been referred to a select committee of the House for its reconsideration.

 

Mr. Pilot's writ petition has contended 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 into complaints made against public servants.

Violation of the right to free speech, says petition

The new provision for punishment for disclosure of public servants' identity until the sanction for investigation and prosecution was given, by inserting Section 228-B in the Indian Penal Code, restricted the freedom of media to report on the accusations and amounted to violation of the right to free speech, stated the petition.

Mr. Pilot said while the petition had sought revocation of the ordinance, his party would continue its agitation against the bill having been sent to the select panel rather than its “complete withdrawal”.

 

“The intent of the government is suspect. Sending the bill to the committee was a measure of face-saving. Does the government want to protect certain individuals even after the entire Opposition and journalists have risen against its move?” asked the Congress leader.

The petition is likely to come up for hearing on Friday along with four other public interest litigation petitions filed by activists and lawyers. All of them have contended that the ordinance violates constitutional rights of citizens and will encourage corruption.

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