After NaMo, now MP CM raises pitch against Communal Violence Bill

After Gujarat Chief Minister and BJP’s prime ministerial candidate Narendra Modi, Madhya Pradesh Chief Minister Shivraj Singh Chouhan has come forth objecting the proposed Communal Violence Bill- 2013.

In a letter dispatched to the Prime Minister, Chouhan said, “I understand that the Ministry of Home Affairs has Invited comments of the state governments on a revised version of the Prevention of Communal Violence (Access to Justice and-Reparations) Bill 2013; I have gone through the provisions of the Bill carefully and have held extensive discussions with colleagues, informed citizens, law enforcing agencies and members of the legal fraternity, I am constrained to say at the outset that the Bill not only attempts to abrogate and usurp the legislative powers of the state governments as guaranteed by the Constitution, but also tries to trample upon the basic tenets of criminal jurisprudence. Besides, certain provisions of the Bill seem to be based on a

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Now, Chouhan raises pitch against Communal Violence Bill

dangerous assumption that the low enforcing functionaries and other instrumentalities of the state are automatically colluders in the perpetuation of communal violence.”

“Of late we have been observing with distress that there is a persistent trend of the Centre towards framing laws on State subjects,” he said, adding that the Right to fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act of 2013, the Agricultural Bio Security Bill 2011, the Agricultural Produce Inter State Trade and Commerce (Development and Regulation) Bill, 2012, the Biotechnology Regulatory Authority of India (BRAI) Bill of 2011-12 come to mind as examples. If this trend continues, it will seriously undermine the principle of federalism which is a basic pillar of the constitution and is sacrosanct and inviolable. The Constitution of India puts public order in the state list.

Chapters V and VI of the Bill virtually replace the authority of sole governments by the National and State Human Rights Commissions, The Bill purports to vest with these Commissions the executive powers to observe.

Monitor and review the performance of duties by public servants which will rob the state government of its sovereign power of governance and superintendence. Clauses 27-29 empower the National Commission with the powers of investigation and inquiry.

The Commission has also been authorized to directly call for reports from the DMs, order reinvestigation summon the officers, enforce attendance and requisition public records. Further, the Bill, under section 29 proposes that the state governments would be duly bound to take action against public servants as directed by the National Commission, Even the prerogative of the state governments in ordering judicial inquiries into serious incidences of breakdown of law and Order has been infringed upon and taken away by section 46-B, This kind of exercise of executive power b unelected agencies in the domain of criminal investigation and maintenance of law and order would pervert the time tested  and  constitutionally sound principles of Criminal Jurisprudence and accountability.

Bearing in mind these issues, Chouhan said, “I would like to reiterate Government of Madhya Pradesh strongly feels that the, Bill is regressive, vague and runs counter to the spirit of the Constitution of India. We are fully committed to stamping out communal violence, but we do not feel This Bill is designed to achieve this objective, and would, in fact, create more than it would serve. The Bill will serve no useful purpose and so I urge you to reconsider the proposal to introduce it in the Winter Session of Parliament, and rather, to drop it altogether.”