[While the Bill has been referred to a Select Committee, and not scrapped by any means, the ordinance, meant to be replace by an Act when the Bill is passed by the legislature, is still very much in force. It has not been withdrawn.
So, the referral to the Select Committee appears to be just a ploy to quiten down the howl of protests by means of an illusory "backtracking".] I/II. [The PUCL, Rajasthan, understandaly, has already challenged the move. (See: < http://www.deccanherald.com/content/638990/pil-rajasthan-hc-against-ordinance.html >.) There're altogethar 7 PILs against the gag order.] http://www.thehindu.com/news/national/other-states/sachin-pilot-challenges-rajasthan-ordinance-in-high-court/article19924111.ece Sachin Pilot challenges Rajasthan 'gag' ordinance in High Court Mohammed Iqbal JAIPUR:, OCTOBER 26, 2017 13:52 IST UPDATED: OCTOBER 26, 2017 17:37 IST SACHINPILOT Rajasthan Congress President Sachin Pilot. | Photo Credit: Shanker Chakravarty The petition is likely to come up for hearing on Friday along with four other public interest litigation petitions. 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. ALSO READ Rajasthan Criminal Law Bill will check motivated complaints: Ravi Shankar Prasad 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”. ALSO READ It’s 2017, not 1817: Rahul Gandhi mocks Vasundhara Raje “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. II. http://caravandaily.com/portal/rajasthan-high-court-issues-notice-to-centre-state-on-immunity-ordinance/ Rajasthan High Court Issues Notice To Centre, State On Immunity Ordinance October 27, 2017 The court sought responses from the state and Central governments on the ordinance that aims to protect public servants from being probed for on-duty action without prior government sanction. JAIPUR (IANS) — The Rajasthan High Court on Friday issued notice to the central and state governments on an ordinance that aims to protect public servants from being probed for on-duty action without prior government sanction. The Criminal Laws (Rajasthan Amendment) Ordinance 2017 was promulgated in September. “A division bench of Justice Ajay Rastogi and Deepak Maheshwari issued notice and asked for responses by November 27, the next date of hearing,” A.K. Jain, advocate for Bhagwat Gour, one of the petitioners, told IANS. The court also clubbed all seven writ petitions and Public Interest Litigations (PILs), including the plea filed by Rajasthan Congress chief Sachin Pilot, against the ordinance. The main contention of almost all petitions is the ordinance violates Articles 14 and 19 of the Constitution, Article 14 provides for equality before law, while Article 19 deals with protection of certain rights regarding freedom of speech. The Rajasthan government on Tuesday referred to a Select Committee the Criminal Laws (Rajasthan Amendment) Bill. As per rules, though the bill may have gone to the select committee, the ordinance is still implementable for six weeks, till December 5. On Monday, ignoring criticism from various quarters, the Bharatiya Janata Party (BJP) government headed by Vasundhara Raje tabled the bill in the Rajasthan assembly. The bill seeks to protect serving and former judges, magistrates and public servants in the state from being investigated for on-duty action, without prior sanction. It also bars the media from reporting on such accusations till the sanction to proceed with the probe is given by the government. The state government, through the ordinance, made amendments in the Criminal Procedure code, 1973, and Indian Penal Code, 1980, in September. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. 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