The Bharatiya Janata Party government in Rajasthan has promulgated an ordinance providing for prior sanction for investigation against public servants, judges and magistrates for acts done “in discharge of official duties”.
The sanctioning authority may take up to six months for taking a decision.
The new provisions had been made to protect “honest public servants acting in good faith”.
The ordinance was promulgated last month and published in the official gazette on September 7,
The State government may initiate a move to convert it into an Act during the Assembly session beginning on October 23.
About ordinance
The ordinance has virtually shielded public servants from police investigations and gone a step ahead by restraining the public and the media from disclosing the identity of government officials until the sanction to proceed with the probe is obtained.
While amending Sections 156 and 190 of the Criminal Procedure Code, the ordinance signed by Governor Kalyan Singh lays down that if the sanctioning authority does not take a decision within six months, the prosecution sanction would be “deemed to have been issued”.
Anyone found violating the restriction on printing, publishing or publicising the names, photographs and details of public servants, judges and magistrates for whom the sanction is yet to be granted, will be punished with two years’ imprisonment and fine, according to Section 5 of the ordinance.
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