Supreme Court rejects petition challenging new criminal laws

The Supreme Court on Monday declined to entertain a petition challenging the enactment of three new laws aimed at overhauling India's penal codes. A vacation bench of Justices Bela M Trivedi and Pankaj Mithal allowed petitioner advocate Vishal Tiwari to withdraw the plea.

The Lok Sabha passed the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Bill on December 21 last year. President Droupadi Murmu gave her assent to these bills on December 25. These new laws will replace the Indian Penal Code, the Code of Criminal Procedure, and the Indian Evidence Act, respectively.

As the court showed its reluctance to entertain the plea, Tiwari requested permission to withdraw it. "The petition has been filed in a very casual and cavalier manner," the bench observed, adding, "If you had argued more, we would have dismissed it with cost but since you are not arguing, we are not imposing cost."

Tiwari's Public Interest Litigation (PIL) sought a stay on the operation of the three new laws, claiming they were enacted without any parliamentary debate as most opposition members were under suspension. The plea also called for the immediate constitution of an expert committee to assess the viability of the new criminal laws.

"The new criminal laws are far more draconian and establish a police state in reality and violate every provision of fundamental rights of the people of India. In the British period, you could keep a person in police custody for a maximum of 15 days. Extending 15 days to 90 days and more is a shocking provision enabling police torture," the plea claimed.