Вы находитесь на странице: 1из 2

Date:15/07/2005 URL: http://www.thehindu.com/2005/07/15/stories/2005071513570100.

htm

Amendments to Cr. .C. de!erred


Legal Correspondent
Assurance to agitating lawyers

NEW DELHI: The Centre on Thursday deferred implementation of the controversial Code of Criminal Procedure !mendment" !ct# $%%&# 'hich received the President(s assent on )une $*+ The ,overnment too- the decision after the Ca.inet Committee on Political !ffairs held informal discussions in the 'a-e of the agitation .y la'yers across the country against many provisions of the amendments+ Highly/placed sources told The Hindu that Home 0inister 1hivra2 Patil had assured the 0inisters that the ,overnment 'ould ta-e a decision soon+ 3ut 'ithin hours# the ,overnment came out 'ith an order to -eep the amendments in a.eyance+ The order said: 4!ll the amendments that have .een legislated 'ith regard to the Cr+P+C+ are -ept in a.eyance+ 5urther# the ,overnment 'ill consider the o.2ections raised .y the 3ar Council of India 3CI" and the legal fraternity on .ehalf of the litigant pu.lic and 'ill ta-e appropriate steps to drop the amendments 'hich are considered to .e adverse to the interests of the pu.lic+4 6n Tuesday# Prime 0inister 0anmohan 1ingh assured a delegation# led .y 0adras High Court !dvocates( !ssociation president 1+ Pra.ha-aran# and the 3CI represented .y Congress 0P# 1+7+ 7arventhan# that he 'ould loo- into their grievances+ 6n Wednesday# 8nion 0inister Dayanidhi 0aran met Congress president 1onia ,andhi and sought her intervention+ La'yers have o.2ected to a fe' amendments such as the one introduced to 1ection 9*: on anticipatory .ail+ It contemplates an accused su.2ecting himself to the court 'here the anticipatory .ail application is pending+ If the court re2ects it# the police 'ill arrest the accused immediately+ 1ection $% confers po'ers on the magistrate to recommend to the prosecution the filing of an appeal in a criminal case even for petty offences though under the e;isting la' it 'as not his duty to give any such suggestion+ This# the la'yers said# 'ould put pressure on the magistrate to a'ard enhanced punishment even for minor offences+ The 2udicial magistrate conducted parades to ena.le eye'itnesses to identify the accused+ No' under 1ection &9 !# even the village administrative officer# the

tahsildar and the police could hold the identification parades# giving the E;ecutive the 2udicial po'er+ !t present# if an accused fails to appear .efore court continuously on the specified date and time# he can .e declared a proclaimed offender+ 3y an amendment to 1ection :$# the court could order confiscation of the property of the proclaimed offender+ This# the la'yers felt# 'ould infringe the rights of the accused+ 5or# until he<she 'as found guilty# the court could not order sei=ure of property+ > Copyright $%%% / $%%: The Hindu

Вам также может понравиться