THIRUVANANTHAPURAM: The state government has decided to issue a fresh ordinance that will repeal the controversial 118A amendment to Kerala Police Act.
The decision is learnt to have been taken by the state cabinet that met in the state capital on Tuesday. This is a rare and embarrassing eventuality wherein the government has been forced to backtrack from an ordinance just three days after promulgating it. The government will now recommend the governor to promulgate a 'repeal' ordinance to strike off the first one.
As per the Article 213 (2) of the Constitution, under normal circumstances, the ordinance remains in force till six weeks from the date of assembly, or till the assembly passes a resolution disapproving the ordinance. However, the government decided to resort to the third provision in the article that the ordinance can be withdrawn anytime by the governor, on the basis of the recommendation of the cabinet because of the intervention of the CPM’s central leadership and the widespread public criticism of the ordinance.
Meanwhile, DGP Loknath Behera issued a circular directing all station house officers to refrain from registering FIRs based on 118A till further orders. In his circular to all the police officials, he said that as there would be several petitions and complaints on the basis of the latest amendment of the Kerala Police Act, the police should consult the legal cell at the state police headquarters before taking any action on the petitions so received.
The state government had also informed the high court that the government has decided to repeal the latest amendment. The government informed the court when the petitions challenging the amendment by BJP state president K Surendran and RSP leader Shibu Baby John came up before the court for hearing.
The government also informed the court that even though the law particular provision is legal till the amendment is in force, the government would not register any cases by invoking the provision. With the latest decision of the government to withdraw the ordinance, the ‘repeal’ ordinance is likely to be promulgated on Wednesday itself.