The AAP Government is bringing an amendment in the Criminal Procedure Code (CrPC) so that to order magisterial enquiries in any criminal matter. After getting the proposal approved by the Cabinet on Monday, the Delhi Government will recommend the amendment to the Centre.
In other words, if the amendment is approved, the State Government can institute magisterial enquiry on any criminal issue. Experts say any changes in the CrPC can only be made by Parliament and a State Government cannot effect changes in it and hence this move is being seen as another bid by the Kejriwal Government to impinge on the powers of Delhi Police.
At present, Section 176 of the CrPC relates to enquiry by magistrate into cause of death, where any person dies or disappears or rape has been committed on any woman.
Experts argue that changes in the CrPC cannot be made by the Delhi Government as especially the Delhi police, land, services and public order come under the domain of the lieutenant-Governor.
In fact the l-G and Ministry of Home Affairs (MHA) have communicated to the AAP Government that there should not be any overlapping of power or there should not be violation of transaction of business rule.
All told, the Government had previously ordered over dozen of magisterial enquiries involving police without approval of the l-G. That’s why magisterial enquiries failed to reach logical conclusion. In some cases, the final report has not been submitted. The issue of magisterial enquiries report was raised by deputy chief minister Manish Sisodia at the HoDs and given clear direction to deputy magistrates to submit their report immediately.