Ordinance unconstitutional, can’t stand in court: Experts

Jaipur: Law experts, including former judges, lawyers and vice-chancellors, speak out against the ordinance that has undermined the wisdom of judicial magistrates to order a probe on the basis of prima facie evidence against public servants.

The legal luminaries—judges and advocates have termed the ordinance unconstitutional which cannot stand in the court of law.

TOI spoke to some retired judges who have raised questions on government's stand on corruption.

Retired Justice Pana Chand Jain expressed disappointment over the poor legal know-how of the state. "The ordinance is unconstitutional due to following reasons: It is violating the Articles 14, 19 1G and Article 21. The corruption in bureaucracy to be dealt by Lokayukta Act (Central Act) making this ordinance meaningless," said Jain.

Seeking government permission to prosecute judges and magistrates is contrary to the national justice which says that charges against judges/magistrates cannot be levelled without the permission of the chief justice, says Jain while pointing out the poor legal knowhow of the state.

A district judge in Jaipur, who said that the ordinance is curtailing the powers of court, has requested anonymity fearing action from the state government. "It has several anomalies and directly contradicts with the Supreme Court rulings. One objectionable provision says that permission for the prosecution to be granted within six months. On the contrary, Supreme Court has kept the maximum period for sanction is three months and extended till one more month," said the judge.

The academicians have also raised their objection on the ordinance. They fear that if it is passed into an Act, it will have its implications—political, sociological and psychological.

Former vice-chancellor of Jawahar Lal Nehru University Delhi and former V-C of Rajasthan University, K L Sharma feels that for commoners it has a clear message that a complaint against the police and bureaucrats will lend him in prison. "This ordinance is taking away the legal freedom of the people. Stripping people of their basic legal rights and creating a class division in society by this ordinance is against the spirit of the Constitution. Above all, it is severely infringing the rights of media," said Sharma.

A principal of a law college on a condition of anonymity questions the urgency showed by the government in framing the law. "This is a sheer display of dictatorship. They are institutionally disrobing the rights of its citizens. One has to see the timing of this law through the prism of how many of the Raje government bureaucrats is facing allegations of corruption," said a principal.

Former DGP of Rajasthan Police, Manoj Bhatt has a balanced view on the controversial ordinance. "The frivolous complaints had taken a toll on the efficiency of officials. We must not discount the fact that Rajasthan recorded most number of such fake cases filed against the officials with an aim to settle personal scores. I am of the view that legal provisions must not be allowed to harass competent officials."