Why Rajasthan Raj Bhawan uploaded Karva Chauth greeting, not "sinister" anti-media Ordinance on its site?: PUCL

Rajasthan chief minister Vasundhara Raje

By A Representative
In an interesting revelation, one-and-a-half months after it was promulgated, the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, has not been put up for public view on the website of the state's Home or the Law Department. Worse, even the Rajasthan Raj Bhawan (Governor’s) website, last updated on the September 11, has not listed the ordinance in its list of Acts and Ordinances.
Noting this, the People's Union for Civil Liberties (PUCL), calling the Ordinance an effort to "silence the media and to prevent the judiciary from exercising its judicial function of setting the criminal law in motion", says, "Interestingly the Governor’s website has more than 24 press notes on its website after September 6, the date when the ordinance was promulgated, including greetings for Karva Chauth to the people of the state."
A PUCL statement -- signed by Prem Krishan Sharma, senior advocate and former president PUCL, Rajasthan; Radha Kant Saxena (retired IG prisons, vice-president National PUCL; and Kavita Srivastava, president, PUCL, Rajasthan -- says that even the press note on the Ordinance has not been put up on any website, which shows that "the intent was to suppress the information from the public, leave alone holding pre-legislative consultation."
Promulgated on September 6, and published on September 7, in the official gazette, PUCL says, the ordinance is a "sinister attempt of the Government of Rajasthan to abridge the fundamental right of speech and expression guaranteed under the Indian Constitution and to thwart the citizens right to access criminal justice system in cases of complaints against abuse of law by public servants."
Pointing out that this is done by introducing "two provisos to Sec. 156 (3) and Sec. 190 of the Code of Criminal Procedure and by inserting a new offence in the Indian Penal Code by way of introducing a new clause, Sec. 228-B,", PUCL says, the ordinance makes an offence termed "disclosure of identity of certain public servants", including judges and magistrates.
"The true intention is to place a ban on a judicial magistrate before whom a complaint of having committed offences is made against any public servant, from either ordering the police to investigate the complaint or, worse, from any investigation being conducted against the public servant while acting or purporting to act during discharge of the official duties", unless sanctioned by the government, PUCL says.
It adds, "The amendment brought about to sec. 190 (1) of the CrPC directing that 'no magistrate shall order investigation nor will any investigation be conducted' is a meaningless" as "the existing provision in sec. 197 already provides protection to public servants by making it mandatory for a court to take cognisance of an offence against public servant only after getting prior sanction of the government."
However, it adds, "The ominous intent in the amendment becomes clear when we notice that while sec. 197 uses the term 'cognisance' the new amendment refers to the word 'investigate'. The true and alarming intention therefore is to prevent at the very threshold, any possibility of 'investigation' being ordered by a Magistrate when clinching evidence is prima facie brought before the court."
Says PUCL, "The sinister purpose in the new amendment is exposed when we consider a new proviso, stating that no one 'shall print or publish or publicise in any manner the name, address, photographs, family details or any other particulars which may lead to disclosure of the identity of such public servants' until such time that the state government has given sanction to prosecute."
Pointing out that the ordinance introduces "a new offence, sec. 228-B of the Indian Penal Code, making it a criminal offence on the part of anyone who discloses identity of certain public servants and provides for two years imprisonment and fine, if convicted", PUCL says, "The menacing import is very clear: to silence the media and to prevent the judiciary from exercising its judicial function of setting the criminal law in motion."

Comments

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak* The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

How Budgam by-poll has changed the J&K government’s way of working

By Raqif Makhdoomi* The political landscape in Jammu & Kashmir has shifted markedly since the Budgam by-election was announced. With Aga Muntazir Mehdi now elected as the MLA from Budgam, celebrations continue at his residence as people congratulate him on what many describe as an exceptional victory. He will represent Budgam for the next four years, and his performance during this term will determine his future in the constituency.

NHRC seeks action report on contaminated water outbreak in Ahmedabad

By A Representative The National Human Rights Commission (NHRC) in New Delhi has issued notices to the Secretary of the Water Supply Department in Gandhinagar , the Ahmedabad District Collector and the Municipal Commissioner of Ahmedabad, seeking an action-taken report within four weeks on allegations of human rights violations arising from a major outbreak of waterborne diseases in Behrampura , Danilimda ward of Ahmedabad city.

Search This Blog