Amid vehement criticism from the Opposition, the Delhi Assembly on Monday passed a bill proposing amendments in the Code of Criminal Procedure (CrPC) as it sought to broaden the scope of magisterial probes into cases of kidnapping, suspicious death, rape and disappearance.
Till now, magisterial probe is ordered only in cases of custodial death, homicide, suicide of a woman or death of a woman.
Delhi home minister Satyendar Jain tabled the bill in the Assembly. “If President Pranab Mukherjee passes the proposed bill, DMs and SDMs will have power to investigate those cases in which government thinks that magisterial probe should be ordered,” Mr Jain said, adding that “through the amendment to Section 176(1) of the CrPC, the government wants to widen its scope to cover any other cases of suspicious disappearance, rape in police custody and suspicious death”.
The Opposition BJP, however, rejected the AAP government’s claims and accused it of “challenging” the authority of Parliament by empowering itself through the move. CrPC is a subject in the Concurrent list.
Leader of the Opposition Vijender Gupta opposed the tabling of the amendment, terming it “illegal”.
“Tabling the CrPc amendment without the recommendation of the L-G is illegal and it amounts to challenging the powers of the Indian Parliament. The Legislative Assembly does not have the power to deal with the amendment. Hence, this bill should not be tabled.”
“The government wants to have control over the Delhi police and have disciplinary control over it and subject them to enquires.
“It is a matter of common knowledge that the Delhi government in complete contravention of the constitutional embargo in the Article 239AA 3(a) is trying to bring the police under its legislative and executive control,” Mr Gupta alleged.
Snubbing Mr Gupta, deputy chief minister Manish Sisodia said that there have been instances in the past wherein the Assembly has tabled a bill and it was passed and further sent to the President. “The Leader of the Opposition is failing to recognise the powers of the Assembly,” said Mr Sisodia.
Mr Sisodia said that except three issues — police, land and law and order — the city government has the power to bring amendments in laws governing other areas.
“No question should be raised over the power of Delhi Assembly,” he said.
Mr Sisodia said that the bill will now be sent to President through lieutenant-governor Najeeb Jung.
“It is up to the President whether he passes or rejects this bill on the advise of the Centre,” Mr Sisodia added.
Meanwhile, legal experts said certain provisions of the CrPC, which is a subject in the concurrent list, could be amended by the state Legislative Assemblies, but the amendments would turn into law only after getting consent of the President.
However, for the Delhi government, it is mandatory to obtain sanction of the lieutenant-governor before tabling the bill in the Delhi Assembly, which has not been done in this case.
