M.P. VIDHAN SABHA PASSES DRACONIAN BILL

 FASCIST CURB ON WORKERS & RIGHT TO APPEAL

L.S. Herdenia

BHOPAL: Though the members of Parliament and Assemblies are called law makers but increasingly law making is the only task which they often perform in the most casual manner.

The latest example is the way the Madhya Pradesh Vidhan Sabha passed about seven bills without any discussion and within less than fifteen minutes. Some of the bills contain such provisions which affect the fundamental rights of citizens and also working class.

The first such legislation is Madhya Pradesh Vexatious Litigation (prevention) Bill, 2015.

According to the statement of objects and reasons of the bill "it has been observed that there has been an increasing trend where people are filling vexatious cases against other persons, with an intention of troubling, harassing, irritating or annoying such other person without any reasonable ground. The Government has considered the matter and has decided that this trend should be arrested by enacting a suitable legislation."

Such a move will not be admitted in the High Court without the leave of High Court and elsewhere in the state without the leave of the District and Sessions Judge.

"If, on an application made by the advocate general, the High Court is Satisfied that any person has habitually and without any reasonable ground instituted vexatious proceedings, civil or criminal, in any Court or Courts, whether against the same person or against different persons, the High Court may, after hearing that person or giving him an opportunity of being heard, order that no proceedings, civil or criminal, shall be instituted by him in any Court (and that any legal proceeding instituted by him in any Court before the order shall not be continued by him)

(a) In the High Court of Madhya Pradesh without the leave of the High Court; and

(b) Elsewhere in the State, without the leave of the District and Sessions Judge.

At the hearing of any such application, the Advocate General may appear through a pleader.

Such leave shall not be given unless the High Court or the Judge, as the case may be, is satisfied that the proceedings are not an abuse of the process of the court and that there is prima facie ground for the proceedings."

According to another provision:"No appeal shall lie against an order refusing leave for institution or continuance of any proceedings by a person who is the subject of an order for the time being in force under sub-section (1): Provided that nothing in this sub-section shall apply to any appeal which may lie to or any proceeding before the Supreme Court.

If it appears to the High Court that the person against whom an application is made under sub-section (1), is unable, on account of poverty, to engage a pleader, the High Court may engage a pleader to appear for him.

Every order made under sub-section (1) directing any person to obtain leave before instituting or continuing proceedings shall be published in the official Gazette and may also be published in such other manner as the High Court thinks fit.

Any proceedings instituted or continued in any Court by a person against whom an order under sub-section (1) of the last preceding section has been made, without obtaining the leave referred to in that section, shall be dismissed by the Court:

Provided that this section shall not apply to any proceeding instituted for the purpose of obtaining such leave.

Where a person, against whom an order under sub-section (1) of Section 2 has been made applies for leave for institution of any proceeding, the time required by the High Court or the Judge, as the case may be, for deciding the application shall be excluded in computing the period of limitation (if any) prescribed under any law for the time being in force for instituting such proceedings.

In excluding such time, the date on which the application for leave was made to the proper authority and the date on which such authority made its order on the application shall both the counted.

The provision of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force for prevention of vexatious proceedings or other abuse of legal process, or which require consent, sanction or approval in any form of any other authority for the institution or continuance of any proceedings."

This bill and other bills were passed in the midst of chaotic conditions prevailing in the House. At that time opposition members were trying to stall the proceedings of the House pressing their demand for the resignation of the Chief Minister Shivraj Singh Chouhan because of his involvement in the Vyapam scam. Because of the aggressive postures of the opposition the monsoon session of the VidhanSabha which was to last for ten days was adjourned after three sittings.

A meeting of social activists, trade union leaders, representative of political parties including Congress and the left parties and lawyers considered the provision of the Bill. After threadbare discussion it was resolved that the Bill is an attack on the fundamentals rights. It was pointed that no power can take away the right to approach judiciary particularly when one's fundamental right is affected. The fact that the Bill puts a blanket ban of an appeal smacks fascist tendency.

The meeting decided to launch an agitation against the Bill. The meeting also considered the option to challenge the Bill in the High Court and if necessary in the Supreme Court. Representatives of trade unions also decided to challenge the provisions of another Bill which seeks to put curbs on the rights of working class.