Citizens' rights to safety as important as that of accused, says Supreme Court

NEW DELHI: The Supreme Court on Friday said protection of citizen's safety and their right to live in safe social environments is as important as incorporating mechanisms in provisions of new penal laws to protect the rights of a person accused in organised crimes, reports Dhananjay Mahapatra.

The observationcame from a bench of Justices Surya Kant and Ujjal Bhuyan as it deferred hearing on a PIL questioning the validity of three provisions of Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagarik Suraksha Sanhita (BNSS) relating to organised crime, terrorist activities and sedition for allegedly not incorporating measures to safeguard rights of the accused.

Senior advocate Menaka Guruswamy said the validity of two laws Maharashtra Control of Organised Crimes Act and Unlawful Activities (Prevention) Act have been upheld because of the safeguards incorporated in these legislations that curbed potential misuse and framing up of persons in organised crimes or terrorist activities. "These provisions in BNS and BNSS are cut and paste from the earlier legislations," she said. Justice Kant dissuaded her from using 'cut and paste' phrase for legislation enacted by Parliament and said there is an overwhelming presumption of the validity of such laws. "If the law is toothless, then it is not good for society. Maybe by inserting stringent provisions, a message is being sent to the offenders... Should the new penal laws be not given some time before their validity is tested."


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