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Feb 17, 2009

Coimbatore Bar Association Urged Government

The Coimbatore Bar Association has urged the Government to withdraw some of the amendments to the Criminal Procedure Code (CrPC) as it was detrimental to the public and litigant population. Over 50 members of the association would take part in a rally organised by the All India Bar Council and Federation of Bar Associations in New Delhi on February 18 to express its opposition to two specific amendments proposed in the CrPC. In Coimbatore, the members of the Bar and lawyers would take out a rally and present a memorandum to the Collector. Talking to reporters, president of the association P. Nandakumar, vice-president V. Palanisamy and secretary R.S. Madhavan said that certain provisions in the proposed amendment Act 5 of 2009 was favourable to the public while certain other provisions would end up giving sweeping powers to the police officers.

Specifically, the legal fraternity is opposed to the amendments under Section 41 A and B wherein police officers would have wide powers to arrest accused at any time nullifying the earlier provision of seeking the production of the arrested accused before the Magistrate within 24 hours. Similarly, Section 309 also dispenses with the conventional and traditional approach of cross examination and the new amendment enables the prosecuting agency to go ahead with the procedures without cross examinations.


Such amendments granting sweeping powers to prosecuting agencies would be detrimental to the constitutionally ensured rights of citizens, the office-bearers said. They urged the Central Government to withdraw such amendments and even if the Central Government failed to act on the sentiments of the legal fraternity, Tamil Nadu Government should desist from implementing these amendments as decided by the Uttar Pradesh Chief Minister, they said.

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