Now the protest against the 3 new laws has reached the Supreme Court, a petition has been filed demanding a ban

A public interest litigation (PIL) was filed in the Supreme Court seeking a stay on the newly amended criminal laws Indian Justice Code, 2023, Indian Evidence Act, 2023 and Indian Protection of Civil Rights (Second) Code, 2023. The petition was filed by two Delhi residents Anjali Patel and Chhaya, objecting to the titles of the three laws and terming them vague and imprecise. The names of the three laws do not convey the intent of the law or its purpose. Seeking a stay on the three laws, the petition also alleged irregularities in the passage of the bills in Parliament in December 2023.

The apex court had on May 20 refused to entertain a plea filed by advocate Vishal Tiwari challenging the three laws, claiming that such a challenge is premature as the laws have not yet come into force. The present petition also challenges certain provisions of the new laws, calling them violative of Supreme Court judgements. It has referred to the provision of the Indian Civil Protection (Second) Code, 2023, (BNSS), which allows availing of police custody of 15 days partially or fully during the initial 40/60 days period of 60/90 days.

The petition alleged that the issue of whether police custody should be limited to 15 days before arrest was decided in the Supreme Court judgment in CBI vs Anupam J Kulkarni case in 1992, which was referred to a larger bench for reconsideration last year. Further, the petitioners alleged that the new rule of allowing 15 days of police custody could lead to denial of bail on the police’s claim that they have still not completed the 15-day detention period.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top