Amendments proposed to Cr.PC passed

Seek to allow initiation of magisterial probes in cases deemed fit for one by the State government

The Delhi Assembly, on Monday, passed a Bill proposing amendments to the Criminal Procedure Code (Cr.PC) which, at its core, seeks to broaden the Aam Aadmi Party (AAP) government’s scope of ordering magisterial probes into cases ranging from crimes such as kidnapping and rape to sudden, inexplicable disappearances especially of children.

Being viewed as yet another potential tinderbox for Delhi-Centre relations what with the Cr.PC a subject in the Concurrent List over which the latter has jurisdiction, the Bharatiya Janata Party (BJP) opposition accused the government of ‘challenging the authority of Parliament’ by empowering itself through the move.

As he tabled the Bill, Home Minister Satyendar Jain informed the House that the Amendments sought through it mainly aimed to allow the initiation of magisterial probes in cases deemed fit for one by the State government as opposed to the current practice of instituting such an inquiry only in cases of custodial death, homicide and the suicide or death of a woman within less than seven years of marriage.

“Through the amendment to section 176(1) of Cr.PC the government now wants to widen its scope to cover any other cases of suspicious disappearance, rapes in police custody, suspicious deaths and similar instances of crime,” Mr. Jain said.

Deputy Chief Minister Manish Sisodia said that except three subjects, which included the police, land and law and order, the Delhi government had the power to bring amendments in laws governing other areas.

“No question should be raised over the power of Delhi Assembly,” he said, adding that the Bill would now, as per procedure, be sent to President Pranab Mukherjee through Lieutenant Governor Najeeb Jung.

“It is up to the President whether he passes or rejects this Bill on the advise of Centre,” Mr. Sisodia said in reply to Leader of Opposition Vijender Gupta who vehemently lodged his protest against the Bill saying only Parliament had powers to amend the Cr.PC.

“By introducing this Bill, the Delhi government is challenging the authority of Parliament. It is disrespect of Parliament,” Mr. Gupta argued before, however, relenting and ‘assuring’ the government of ‘assistance provided it (the Bill)’ reached the President ‘through the proper channel.’

Meanwhile, the government also tabled the Delhi (Right of Citizen to Time Bound Delivery of Services) Amendment Bill under which its own officials are liable to pay penalties for delay in providing services included in the citizens’ charter within a particular time-frame.

This Bill also seeks to ensure ‘automatic and mandatory’ compensation for people doing away with the need to separately apply for it.

The Bill envisages entrusting a Competent Officer with the purpose of effecting payment of compensation to an individual and recovery of the compensation from the officer or person responsible.

Being viewed as yet another potential tinderbox for Delhi-Centre relations, the BJP opposition accused the government of ‘challenging the authority of Parliament’ by empowering itself through the move

Sources:http://www.thehindu.com/news/national/other-states/amendments-proposed-to-crpc-passed/article7910206.ece