Citizens’ rights to safety are just as important as those of suspects, says Supreme Court | India News – Times of India

NEW DELHI: The Supreme Court on Friday said that protecting the safety of citizens and their right to live in a safe social environment is as important as including mechanisms in provisions of new criminal laws to protect the rights of a person who is accused of organized crime, reports Dhananjay Mahapatra.
The comment came from a bench of Justices Surya Kant and Ujjal Bhuyan as the hearing on a PIL questioning the validity of three provisions of the law was postponed. Bhartiya Nyaya Sanhita (BNS) and Bhartiya Nagarik Suraksha Sanhita (BNSS) regarding organized crime, terrorist activities and sedition, for allegedly failing to take measures to protect the rights of the suspect.
Senior advocate Menaka Guruswamy said that the validity of two laws, the Maharashtra Control of Organized Crimes Act and the Unlawful Activity (Prevention) Act, have been upheld due to the safeguards included in these legislations which prevent potential misuse and entrapment of restrict persons involved in organized crime or terrorist activities. “These provisions in BNS and BNSS are cut and pasted from the previous legislations,” she said. Justice Kant stopped her from using the term “cut and paste” for legislation passed by Parliament, saying there is an overwhelming presumption of the validity of such laws. “If the law is toothless, then it is not good for society. Perhaps by introducing stringent provisions, a message will be sent to the violators… Shouldn’t the new penal laws be given some time before their validity is tested.”