Governor Hans Raj Bharadwaj may have kicked up a huge row on what he sees as the BJP government's failure to maintain law and order in the state. WILL THE SHOW GO ON? Where will all this legal fine-combing on the amendment bill mooted with regard to the Anti-Goonda Act leave the issue of checking video and audio piracy? "A state legislature is not competent to punish a person in respect of an offence committed under The Copyright Act, 1957. As such, Piracy 'per se' cannot be made the subject of any state legislation," Supreme Court advocate KV Dhananjay explained. However, he pointed out that a state legislature might make a law to address "public order". The bill, now under presidential consideration, is made in respect of piracy which is in breach of public order. In other words, piracy 'per se' cannot be made the subject of punishment under this bill but the consequence of piracy on public order can be. These considerations might have prompted the Governor to forward the bill to the President. But What might the President do? Similar anti-goonda legislation of Rajasthan and Gujarat are also lying before the President for assent.
But going by the curious case of the Karnataka Bootleggers, Drug Offenders, Gamblers and Goondas, Immoral traffickers and Slum-Grabbers (Prevention of Dangerous Activities) Bill, 2009 which was sent to Raj Bhavan for approval over a month back, neither Bharadwaj himself nor the Union government, which he represents, is above board when it comes to matters of law and order in the state.
The bill, a long pending demand of the Kannada film industry which wanted strong deterrent action against video and audio piracy, was passed by the state legislature on July 29 and sent to Bharadwaj for approval.
The governor, however, had serious issues with the piece of legislation and forwarded the same to President Pratibha Patil, in whose office the bill is now hanging fire.
Bharadwaj though has raised serious questions about the bill, which might even jeopardise the piece of legislation as it is. He feels that the state legislation is venturing into areas which are beyond its pale.
The amendment bill, which was actually brought in to meet the Kannada film industry's demand for invoking the Anti-Goonda Act against video and audio piracy, has proposed punishment for those committing copyright violations.
But the Governor is of the opinion that copyright per se is a Union government subject and the Copyright Act 1957 being a central law, the state lacks the power to enact any law on the subject.
The Governor has sent the bill to President Prathibha Patil as there is a provision in the Constitution under which a state bill may be reserved for the assent of Rashtrapati Bhavan.
Article 254(2) of the Constitution provides that a state legislature may pass a bill on a concurrent subject and the same does become a law only after it receives presidential subject. However, copyright is in the exclusively central list and not in the concurrent list.
President Pratibha Patil is unlikely to give these legislations her stamp of approval, legal experts fee.
