'PIL filed in casual, cavalier manner': Supreme Court declines to entertain plea for stay on new criminal laws

New Delhi: The Supreme Court on Monday declined to entertain a plea for a direction to the Centre to stay the operation and implementation of three new criminal laws being Bharatiya Nyaya Sanhita 2023, Bharatiya Nagrik Suraksha Sanhita 2023 and Bharatiya Sakshya Adhiniyam 2023.

A vacation bench of Justices Bela M Trivedi and Rajesh Bindal said the new Acts have not been implemented and the petition has been filed in casual and cavalier manner.

Petitioner-advocate Vishal Tiwari, who appeared in person, sought to withdraw the plea, which was allowed by the court.

The plea sought directions to immediately constitute an expert committee under the chairmanship of former judge of Supreme Court to examine, assess, identify the viability of three new criminal laws.

The petitioner said new criminal law do not bring any new changes from the previous ones, except a few, but create confusion among citizens and provide more power to police and supress the fundamental rights.

The petitioner claimed that there were irregularities in passage of the three laws as not much debate and discussion took place due to suspension of several MPs from Parliament.

While questioning the validity of the three laws on several grounds, the petitioner said the introduction of new criminal bills may bring about complex legal provisions, ambiguous language, or intricate procedural requirements.

"Lawyers may face challenges in interpreting and navigating these complexities, potentially leading to delays and legal uncertainties," his plea said.

It also stated compliance with new criminal bills may lead to increased operational costs for law firms, including investments in legal technology, research tools, and expertise required to effectively handle cases under the revised legal framework.

"It is important to note that these problems are potential challenges that lawyers may encounter with the introduction of new criminal bills, and the specific impacts can vary based on the nature and scope of the legislation," it said.

President Droupadi Murmu has in December, 2023 given assent to the three new criminal laws.

The President’s assent was granted after Lok Sabha cleared the three bills on December 20 and Rajya Sabha on December 21, 2023.

The Ministry of Law and Justice on December 25, 2023 notified the three Acts in gazette. The three codes are scheduled to come into effect from July 1, 2024.