New law would help criminals, say advocates

KANPUR: `The amendment in criminal procedure code passed by the Central government will create anarchy in the society and it was passed with intention to shield the musclemen of politicians,' was the opinion of several advocates in Kanpur court on Saturday. They claimed that law and order management in society would shatter with this amendment and it was an effort to disturb the society with the help of goons. The Central government had got passed eight bills including proposed amendment in section 309 and 41 cr,.p.c. without any debate in 17 minutes on December 23,2008. Earlier Rajya Sabha had already cleared the bill .Now it is all set to pass into law once President Pratibha Patil gives her assent. Senior criminal lawyer Mahendra Kumar Dixit who is also professor in Law colledge termed it as the worst amendment. It would cut the hands of police on the other hand it would enhance the morale of criminals who could not be arrested in crimes where sentence would be up to seven years. Dixit said that instead of arresting the criminals the police would now obliged them by issuing a notice of appearance to cooperate with them in investigation against them. Who would cooperate after committing crime to get punished. Another lawyer Shiv Kumar Dixit said that it was an effort to shatter the judicial system. At one end the Supreme Court was issuing orders to subordinate courts not to take leniency against the criminals to maintain the law and order in the society. On the other hand Central government was adamant to give free hand to the criminals. Awadh Kishore Tripathi advocate termed the day December 23, 2008 as most unfortunate day in the history of India. The amendment had been brought intentinally to control the society with the helps of goons who are either henchmen of politicians or criminal turned into politicians and playing vital role in saving the government from acid tests. He also said that it was a pre planned effort to keep away the criminals from judiciary. Another senior criminal lawyer Sayeed Naqvi commented that in amended section 41 since notice of appearance was now mandatory in the investigation of all the offences punishable with imprisonment up to seven years, arrest would cease to be an inevitable fall out for accused persons in wide variety of cognizable offences even those that were classified under non bailable category. Now the government should abolish that category as there was no use now, he added. The amendment should be discussed on the floor as it had vast impact on the society and without debate the amendment was passed shows that government was not willing to discuss it in the Parliament . Tatvesh Agarwal, advocate claimed that the new amendment would help the criminals and it would prove a curse for citizens as they would be sufferer at both end. Number one if they would made complaint against any criminal the police would not arrest him and on the other hand criminal would get a free hand to terrorise the complainant because he knew that he could not be arrested by the police under intimidation charges . Several other advocates said that everybody knew the criminal and politicians nexus nexus and the new amendment would give them a free hand to rob the society . The advocates appealed to the president of India that in the interest of society and to keep the goons behind the bar, she should not sign the bill. All India Bar council had given a call to observe strike on Monday against the proposed amendment.

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