 "Madhya Pradesh's 'Irritating Bill' faces stiff opposition")
The Madhya Pradesh government had proposed to introduce the Bill to bar individuals, activists and whistleblowers from bringing cases against the state chief minister and his cabinet colleagues without sufficient reason.
The state cabinet had last week approved the Bill seeking immunity against “unnecessary and irritating" petitions. Similar laws, if highly placed state government officials are believed, are prevalent in Tamil Nadu and Maharashtra.
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The proposed Bill would empower the state’s advocate- general to examine the litigation before it would be presented before a court. He may also raise objection to any litigation against the chief minister or a minister if he ascertains that the litigation is intended to harass the chief minister or his cabinet colleagues.
"The Bill violates fundamental rights of a commoner to move the court against any person irrespective of his position and status. It also curtails court powers vested by the Constitution," Ajay Dubey, a social activist and member of Transparency International told Business Standard.
“We will move the judiciaries to get the Bill scuttled if passed in the Assembly.”
Government officials have a different opinion.
“It is not as simple as it is being perceived. The advocate general will have to convince the court that the petition is moved solely to harass the chief minister or (any of) his cabinet colleagues. Otherwise the court would have all rights to accept the litigation or dismiss it," a senior government official said.
The opposition Congress, which has intensified its protest on a multi-crore entrance examination scam, alleged the Bill was a tactic of the ruling party to save its chief minister and others from the scam.
Opposition leader in the assembly Satyadev Katare has alleged the chief minister wanted to take refuge under such an Act. He said the Congress would move to High Court to get the Bill stymied.
Last week a delegation comprising former state chief minister Digvijay Singh, former union minister Kamal Nath and Kapil Sibbal called on Prime Minister Narendra Modi demanding a Central Bureau of Investigation probe into the scam.
It is also learnt that they had handed over the "excel sheet" retrieved from the computer of a Professional Examination Board employee and alleged that the Chief Minister Shivraj Singh Chouhan had orchestrated manipulation of the sheet to get his name cleared as recommender and also allegedly arranged replacement it with Union minister Uma Bharti.
However a constitutional expert opined, “High Courts are vested with full constitutional and prerogative powers to admit any lawsuit against any government or its functionary. The proposed Bill only would empower the advocate general to raise objections to “harassing” points in any litigation against political bigwigs.”