The Bar Council of Delhi has demanded deferment of the three new crime laws that came into force from July 1 on the ground that the government has neither constitutional nor legislative competence to enforce them.

The BCD highlighted how the previous central government had notified the three laws (on December 26 last year) while setting the date for their enforcement during its successor’s term, saying this was a constitutional impropriety.

It added that various provisions of the new laws ran contrary to Supreme Court judgments and argued they would encourage "rampant abuse of power" by the police.

Many prominent individuals and rights bodies too have sought postponement of the new laws’ enforcement citing how they were passed last December without proper discussion or debate, with 140-odd Opposition MPs suspended from Parliament at the time.

In a letter to Union law minister Arjun Ram Meghwal, the BCD suggested that new laws can be enforced only after a thorough discussion and debate in the new Parliament.

"You were aware that this date (July 1, 2024) falls after the new Parliament has been elected and consequently, (a) new government at the Centre has taken over," the letter said.

"We find this deferred date, when the term of the erstwhile government has expired, is legally unsustainable. As constitutional propriety, these laws can't be imposed on the people in the changed circumstances without the sanction and approval of newly elected bodies."

It added: "No doubt, these amendments (to the earlier criminal laws) are in total defiance and utter disregard of constitutional principles and Hon'ble apex court verdict….

"It is therefore requested that the date for enforcement of these laws may be deferred and... these laws may be comprehensively discussed to bring amendments... in consonance with Constitution of India and law laid down by the Hon'ble apex court and the reports·of various commissions constituted by Government of India."

The BCD tore into various provisions of the new criminal laws, particularly the increase in the maximum period of police custody from 15 days to 90 days, calling it "atrocious and oppressive to say the least".

"Equally the power to handcuff without court permission sends a signal of state terror amongst the public," it added, saying this went against various Supreme Court judgments on the protection of human rights.

It regretted that the new laws took away the Delhi government’s power to appoint public prosecutors and assistant public prosecutors to Delhi High Court and lower courts, and handed it to the central government.

"...The public prosecutor is an independent institution and an agent of justice to assist the court... (and) not a spokesperson (for) police, (and) any government assuming such powers would be interfering in the administration of justice by the judiciary."

It added: "Unfortunately, these 3 criminal law amendments don't bring any relief… rather police will become more authoritative for rampant abuse of power.

"We as a nation are aware of blatant violations of laws and rights of citizens by police in the form of unauthorised detention, torture, harassment, fabrication of evidence, malicious prosecution, etc, when to act and not act remains on their whims and fancies."

The signatories included Sanjeev Nasiar (BCD vice-president), K.C. Mittal and Hima Akhtar (both ex-chairpersons), D.K. Sharma (chairman, executive committee) and Kumar Mukesh (ex-secretary).