Rajsthan public servants get 180-day probe shield

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Published on : 27 Oct, 17 13:10

Jaipur: In Rajasthan, a judge, magistrate or public servant cannot be probed for on-duty actions without the government's prior sanction.
The ordinance promulgated also provides for 180-day immunity.
Besides, the media cannot print or publicise in any manner the name, address, photo, family details or any other particulars which may lead to the disclosure of the identity of the judge, magistrate or public servant until the prosecution sanction.
On September 7, the Rajasthan Government issued a gazette notification of an ordinance approved by the Governor for amending the Code of Criminal Procedure 1973 and IPC 1860 in its application to the state. By amending Section 156, Central Act No.2 of 1974, a provision has been made that under the aforesaid sub-section that "no magistrate shall order an investigation to be conducted against any person, who is or was a judge, or a magistrate or public servant, as defined under any other law for the time being in force, in respect of the act done by them while acting or purporting to act in the discharge of their official duties, except with the provision sanctions: 197 of the Code of Criminal Procedure 1973 (Act No.2 of 1974) or under any other law for the time being in force".
"Provided further that the sanctioning authority shall ordinarily take a decision within 180 days from the date of receipt of the proposal for sanction provided...also that if the sanctioning authority fails to issue sanction within 180 days, the prosecution sanction under Section 197 of said Code of Criminal Procedure or under any other law for the time being in force shall be deemed to have been issued".
This ordinance has also proposed amendments in various sections of the IPC.Rajasthan Minister for Parliamentary Affairs Rajendra Rathore said this Cabinet decision had been taken recently and the ordinance issued now.
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