Gujarat Home Minister Pradipsinh Jadeja tables bill proposing amendments to CrPC section 195; Cong says it will create atmosphere of fear
Gandhinagar: siyasat net
With an intention to provide more space and time to public servants in their duties, the Gujarat government on Wednesday amended provisions of Section 195 of the Criminal Procedure Code.
Passed in the Gujarat Assembly with a majority, the bill allows the police to file charge sheets, of which the court will take cognizance, thus eliminating the need for appellate authorities to framing a charge sheet. Until now, Section 195 of the CrPC mandated that only public servants such as a magistrate or the police Commissioner could issue notifications of Section 144 of CrPC and be the complainant against the violators of the same.
Police officials who needed to take legal action against violators had to do so under Section 188 of the IPC (disobedience to order duly promulgated by public servant). The new amendment will empower the police to directly file an FIR against violators of notifications under Section 144.
Tabling the bill in the House on Wednesday, Home Minister Pradipsinh Jadeja said Section 195 of the CrPC prohibits courts to take cognizance of such offences except in the cases of a written complaint from the public servant who issued the notification under Section 144 of the CrPC.
The amendment will facilitate the registration of criminal cases based on information received from police officers regarding the commission of cognizable offences under Sections 174-A and 188 of the IPC. “The law can be stable but not directionless, looking at the present circumstances there is a need to make some changes,” Jadeja, who holds the state portfolio for Legislative Affairs, said.
However, the Leader of the Opposition Party (LOP) Paresh Dhanani disagreed with that justification. “This amendment gives the powers of a magistrate to an advocate. Section 144 has constantly been used against the public for an average of 300 days a year, in some or the other part of the state.
Under the existing provisions, only the district magistrate or police commissioner was empowered to issue notifications under Section 144. According to Clause 195 of the Criminal Procedure Act, 1973, it was mandatory for a public servant to become the complainant against the violator. This meant that, if a notification under Section 144 was violated, the notifier had to be the complainant,” Dhanani said. “This amendment is an attempt to curb peaceful protesters’ disagreement with the government through notifications issued under Section 144. The common man can and will be put behind bars through this amendment if he or she wishes to express his or her dissent–which is their right,” he added.
“Under the existing provisions, the role of the police was that of an advocate who had to file charges and prove it regarding the notification issued by the magistrate. The amendment will accord the powers of a magistrate to an advocate. I request the home minister, not to go ahead with this amendment, which will curb the expression of dissent–and thus blunt the sharpness of democracy–in the coming days,” he also said.
Congress MLA Virji Thummar said that the proposed amendments will create an environment of fear among those who want to protest against the government.
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