NEW DELHI: A PIL has been filed in the Supreme Court by two individuals seeking immediate stay on the operation and implementation of the three new criminal laws, Bharatiya Nyaya Sanhita (BNS) Bharatiya Nagrik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) 2023, on the ground that the “proposed Bills suffers from many defects and discrepancies”.Sources in the Supreme Court registry and staff confirmed this newspaper that the plea would likely to come up for hearing in the apex court, after July 8.The PIL (Public Interest Litigation) was filed by Anjali Patel and Chhaya through advocates Sanjeev Malhotra and Kunwar Siddhartha before the apex court. It sought the issuance of specific directions, policies and regulations to initiate guidelines and to immediately constitute an expert committee on this to assess, and identify the viability of the three new amended criminal laws.”The proposed Bills suffers from many defects and discrepancies. There remains irregularity in the passing of these Bills in the Parliament as many members of Parliament (MPs) were suspended with very less people participating in the passing of the Bills, such action has led to no debate on the elements of the Bills with no challenges,” the petition copy, accessed by this newspaper, revealed.Retain English names of new criminal laws: Ex-CJIThe major issues with BNSS 2023, is that it allowed up to 15 days of police custody, which can be authorised in parts during the initial 40 or 60 days of the 60 or 90 days period of judicial custody. This may lead to denial of bail for the entire period if the police have not exhausted the 15 days custody, the plea said.”The BNSS 2023, provides for the use of handcuffs during arrest. The power to use handcuffs may infringe on the accused’s personal liberty. Handcuffs may only be used to arrest: (i) a habitual or repeat offender who has escaped custody, or (ii) a person accused of offences such as rape, acid attack, organised crime, economic offences, and acts endangering sovereignty, unity and integrity of India. The provision contravenes judgements of the Supreme Court and guidelines of the National Human Rights Commission,” the plea said.It also said that in various judgments, the Supreme Court has held that the use of handcuffs is inhumane, unreasonable, arbitrary, and repugnant to Article 21 of the Indian Constitution. “In extreme cases, when handcuffs have to be used, the escorting authority must record reasons to do so,” the plea said.These proposed bills were withdrawn and new bills were produced with some changes. These were passed by the Parliament on December 21, 2023 and were published in Gazette Notification on December 25, 2023 and all of them have now assumed the position of an Act, the plea said.Bengal CM Mamata writes to PM Modi, seeks deferment of three criminal laws
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