Law commission also recommends restoration of the right to seek anticipatory bail
Uttarakhand State Law Commission has recommended that the state government should constitute a shrine board on the lines of Vaishno Devi shrine board for the Char Dhams of the state. Addressing the media persons at the Vidhan Sabha auditorium here on Thursday, the chairperson of the commission, Justice Rajesh Tandon said that the commission in its third report submitted on June 4, 2018 had mentioned that a ‘Char Dham Yatra Act’ is essential for the state in view of the concept of a mountain state and economic liberalization. The commission has suggested the proposed act be framed on the lines of Mata Vaishno Devi Shrine Act 1988, he added.
Tandon further said that the Governor of the state should be made the chairperson of the proposed Char Dham Shrine Board and the chief minister should be there as its chief executive. “While proposing the new act, the commission has recommended repeal of Uttar Pradesh Shri Badrinath and Kedarnath Temple Act 1939,” Justice Tandon said.
He said that the commission had been set up on January 15, 2018 with a mandate to study the prevalent laws in the state and submit its recommendations to the state government. “The commission has so far recommended repeal of 15 acts now functioning in the state as they have become irrelevant,” he said.
The chairperson of state Law Commission further said that the commission in its meeting held on July 17 2018 had highlighted the need to revive the provisions of section 438 of CrPC in the state.
This section had been suspended in the state in 1975 when the Internal Emergency was imposed on the country. In its first report, the commission had held that the provision of anticipatory bail is essential in keeping in with the spirit of right to freedom guaranteed under section 21 of the Indian Constitution. In response to a question, Justice Tandon said that the government counsels should consult the state advocate general before appearing in courts in important cases so that the effective representation is made in the courts. He further suggested that the commission is ready to organize a convention to provide necessary guidance on the issue if required. Read more posts…PNS/ Dehradun