Ordinance to remain in force for six weeks

Jaipur: The cornered state government on Tuesday found a face saver by referring the controversial Criminal Laws (Rajasthan Amendment) Bill, 2017, to the select committee of the assembly. The ordinance, however, will prevail for six weeks from October 23, the day when it was tabled in assembly.

The restrictions on judicial magistrates' powers to order probes on complaints against judges and public servants as well as the penal provision against media for reporting such complaints without the government sanctions will, therefore, remain in force till at least next six weeks.

Advocate general Narpat Mal Lodha said, "The life of an ordinance is six months. But once it has been tabled in the assembly, its life becomes six weeks from the day it is tabled." Lodha added, "An ordinance is generally tabled on the first day of the assembly session convened after its promulgation."

It means, the Criminal Laws (Rajasthan Amendment) Ordinance, 2017, will lapse by the time the select committee submits its recommendations on the bill.

Parliamentary affairs minister Rajendra Rathore said the select committee's recommendations will be tabled in first week of the next assembly session. The next assembly sessions, however, is expected to be held in February 2018.

Former additional advocate general M N Mathur said, "While an ordinance becomes law the moment it is promulgated, a bill does not become a law until it is passed by the assembly and approved the President."

The select committee comprising MLAs would have a close look at the bill's provisions and may suggest changes in the provisions that they find objectionable.

BJP MLA and former minister Ghanshyam Tiwari, who came out openly against the ordinance, demanded that it be repealed immediately since it will, otherwise, continue to be in force till six weeks.

Parliamentary affairs minister Rathore putting up a brave front said, "The bill has only been referred to the select committee for consideration. The committee's recommendations will be presented in the budget session in February next year."

A defensive home minister Gulab Chand Kataria said the bill was brought on the lines of a similar law passed in Maharashtra. He said the major objections against the bill were provisions of up to two-year jail term for media persons for disclosing the identity of the accused and the number of days for obtaining prosecution sanctions.

Kataria said the penal provision for media persons was not there in the law passed by the Maharashtra government. Similarly, the number of days to obtain prosecution sanction has been doubled in Rajasthan's bill. The home minister said in Maharashtra the prosecution sanction is to be given within 90 days of receiving the complaint, unlike in Rajasthan where it is 180 days. "The penal provision as well as the increase in number of days to get prosecution sanctions has not gone down well with the people, it seems," said Kataria.