Raje ordinance provides two-year jail term for journos, gags media

Six weeks after Rajasthan promulgated an ordinance to make amendments in the IPC (Indian Penal Code) and the CrPC (Criminal Procedure Code), the news got leaked from the Assembly where it is coming up for approval on Monday.

There was no consultation or public information before the ordinance was promulgated on September 6, 2017. Nor was it uploaded on any of the websites of the Law or Home ministries of the state. Clearly, BJP, which enjoys a brute majority in the Assembly, hoped to ram it through the Assembly without letting people or the media get a whiff of it.

The argument that this has been done to protect honest public servants and that the amendments were initiated by the UPA in 2013 in the Prevention of Corruption Act have been offered. But while the UPA did try to bring in amendments ostensibly to protect honest public servants, the Vasundhara Raje Government has moved much beyond that threshold and inserted a clause that not just gags the media for six months but also provides for two years’ imprisonment for journalists who report and disclose the identity of public servants against whom sanction is pending for not more than six months.

Senior journalists reacted with shock and horror. Shekhar Gupta, former Editor-in-Chief of The Indian Express tweeted :

The ordinance, which will become an Act once it is passed by the assembly on Monday has the following provisions:

• Six months to decide: The ordinance allows the state government six months to decide on whether to give sanction for prosecuting public servants against whom complaints are made. No court and presumably the police will act or investigate against such public servants and the media barred from reporting during this period.
• Serving or Retired: The ordinance covers both serving and retired public servants

Even the Governor’s website lists the ordinances promulgated but there was no update on Ordinance no. 3 of 2017, alleged People’s Union For Civil Liberties (PUCL) , in a press note. PUCL pointed out that ordinance no. 2/2017, which also was related to criminal law amendment figured on the website. The last update was made on September 11, PUCL pointed out, which proves that there was a deliberate attempt by the Raj Bhavan to keep the information from the people.

While ordinances are issued in an emergency situation when the legislature is not in session, there is no clarification yet on what made the ordinance necessary.

Legal experts also voiced their surprise over the state government allowing six, long months to the errant public servant to cover his track, destroy evidence and utilise the time to ensure that sanction is not given by the political bosses.

Condemning the Vasundhara Raje Government for bringing in the ordinance (number 3 of 2017) which Amends the CrPC and IPC and introduces sections and provisos to

• Gag the media and
• clipping the powers of the magistrate to order investigation, investigate or take cognisance of complaints AGAINST PUBLIC SERVANTS (including judges and magistrates), PUCL has asked the question- What is the Government trying to hide?

It has also demanded to repeal the ordinance and not pass it as an act in the Rajasthan state assembly. PUCL will also move court against this illegal ordinance.