A bench headed by Chief Justice N V Ramana also affirmed that special courts’ judges, hearings cases against lawmakers cannot be transferred without notice.
This ruling was given in the favour of a Public Interest Litigation filed in 2016, by a lawyer and BJP leader, Ashwini Upadhayay that intended for speeding of court trials against lawmakers convicted in criminal cases apart from convicted politicians being banned from contesting in Election. The PIL also sought amendments in the existing Indian Penal Code regarding laws for crimes and corruption.
Ashwini emphasized the existence of “one Nation, one Penal Code”; further insisting on setting up a committee to formulate a “comprehensive” and “stringent” penal code. The PIL described the IPC as “colonial” and “outdated” it demanded the inclusion of rules in relation to money laundering, black money, profiteering, black marketing, adulteration, human trafficking, bribery, hoarding, and gold smuggling; and also highlighted the national existence of crimes honor killing, witch-hunting, and mob lynching but the non-existence of laws regarding these crimes in the IPC.
Funnily enough, Ashwini Upadhyay became one of the six people to be arrested on Monday for chanting Anti-Muslim slogans at the heart of the national capital, Jantar Mantar in an event that was organized to profess the transformation in the IPC that Ashwini had been endorsing himself.
Even though the former BJP spokesperson denies all accusations against him saying that he did not indulge in any sort of anti-Muslim activities, the Delhi Police has him under arrest and investigations are ongoing.
In the video clips surfacing on social media that triggered public outrage, slogans like-
“Hindustan me rehna hoga, ram nam kehna hoga” (to stay in India, all must chant the name of lord ram)
Along with those threatening the lives of the Muslim population in India can be heard. The Delhi Police was grilled for not taking immediate action against this outrageous public performance that was staged very near to the Parliament and top government offices and many demanded the arrest of Ashwini Upadhyay as well.
Finally, the police arrested 6 people including the former BJP Delhi Spokesperson on Monday and interrogations are underway.