New Rajasthan Ordinance Makes Govt. Sanction Mandatory To Probe Judges & Public Servants; Curbs Media Reporting [Read Ordinance]

The State of Rajasthan has passed an ordinance which makes it mandatory to obtain a Government sanction before investigating both serving and former Judges, Magistrates, and public servants for on-duty actions.

Promulgated on 7 September, The Criminal Laws (Rajasthan Amendment) Ordinance, 2017 amended Section 156 and 190 of Code of Criminal Procedure Code.

As per the newly added proviso to Section 156(3) a magistrate cannot direct an investigation against a Judge, Magistrate and a public servant except with the previous sanction under S.197 Cr.PC. A proviso to Section 190 is also added in the above

It also provides a time limit of 180 days for the authorities to consider a sanction request. If no decision is taken within the time limit, the sanction would be deemed to have been provided.

The Ordinance also restricts media reporting by prohibiting disclosure of identity of the public servants, till such sanction is obtained.

"... no one shall print or publish or publicize in any manner the name, address, photograph, family details, or any other particulars which may lead to disclosure of identity of a Judge or Magistrate or a public servant against whom any proceedings under this section is pending, until the sanction as aforesaid has been or deemed to have been issued," it states.

As per the newly added Section 228B IPC contravention of the above provision, would entail a maximum imprisonment of 2 years, along with fine.