HC orders notice to Centre on PIL challenging criminal procedure Act

PTI, Sep 19, 2022, 6:01 PM IST

The Madras High Court on Monday ordered notice to the Union Home, and Law and Justice ministries on a PIL petition challenging certain provisions of the Criminal Procedure (Identification) Act of 2022.

The first bench of Acting Chief Justice M Duraiswamy and Justice Sundar Mohan ordered the notice, returnable in six weeks, while entertaining the petition from V Adarsh of Thiruvotriyur, here.

The interim prayer is to stay Sections 2 (1) (a) (iii), 2 (1) (b), 3, 4, 5, 6, 7 and 8 of the recently enacted Act, which was published in the gazette in August this year.

The petitioner contended there was glaring violation of the right to privacy due to provisions like inclusion of biometric information, extension of Magistrates’ powers under Sec. 5 to even persons who are not suspects in criminal proceedings.

The Act affects the fundamental rights of the citizens, especially persons who are arrested or detained or detained under preventive detention, under trial prisoners or convicts. The Act is arbitrary, unreasonable, excessive, bereft of due process of law and in violation of the fundamental rights guaranteed under the Constitution. It is liable to be declared as unconstitutional. The provisions of the Act are against the rule of law and enforcement of fundamental rights of the citizens under Articles 14, 19(1) (a), 20(3) and 21 of the Constitution, the petitioner contended.