Rajasthan to amend law on probing public servants

Jaipur, Oct 20 (IANS) The Rajasthan government is likely to table a bill to amend criminal laws with regard to investigations against public servants, judicial officers and judges to protect them from offences relating to their official duties.

The government has already brought an ordinance to this effect as the state assembly was not in session in early September. However, the bill would be tabled in the upcoming assembly session starting from October 23.

In the ordinance, namely Criminal Laws (Rajasthan Amendment) Ordinance, 2017 amendments have mainly been made in Criminal Procedure code, 1973 and Indian Penal Code, 1980. It has certain prohibitory provisions to restrain the courts to order an investigation against a person, who is or was a judge or magistrate or a public servant, in respect of the act done by them during the discharge of their official duties. Besides, no investigation will be conducted by any investigating agency against the persons specified without there being any prosecution sanction.

The sanctioning authority will have to take its decision within 180 days from the date of the receipt of proposal. The ordinance also provides that in absence of a decision within the stipulated time period the sanction will be deemed to have been granted.

It is also noted in the ordinance 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 identity of a judge or magistrate or a public servant against whom proceedings under this section is pending, until the sanction has been deemed to have been issued.

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