Today, On 2nd December, The Supreme Court heard a plea challenging provisions of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), with the petitioner seeking protection from arrest. Senior Advocate Kapil Sibal argued that the FIRs were filed before the laws came into effect and that confessional statements were improperly used. The Court disposed of the petition, suggesting the petitioner pursue relief through the High Court, but stayed the arrest for two weeks to allow time for this.
New Delhi: The Supreme Court heard a plea challenging provisions of the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), particularly in light of multiple FIRs registered against the petitioner.
Senior Advocate Kapil Sibal, representing the petitioner, argued that all incidents leading to the FIRs occurred before the enactment of the laws, and that confessional statements from co-accused were improperly used to invoke Section 111 against his client.
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Justice Surya Kant remarked,
“We may agree with you to some extent, but we don’t want to bypass our High Courts.”
In response, Sibal pointed out that despite no interim order, additional FIRs had been filed against the petitioner since the writ petition was filed. Sibal also argued that the petitioner had no relief from the High Court, but was entitled to protection under the law.
Senior Advocate Siddharth Luthra, representing the state, countered by saying the petitioner had already received relief from the High Court and questioned why he should receive double protection, emphasizing that the petitioner was allegedly the “kingpin” of the alleged organized crime.
The Court observed that while the petitioner, a social media influencer associated with the YSR Congress Party in Telangana and Andhra Pradesh, claimed misuse of Section 111 by the Andhra Pradesh government, the state presented evidence suggesting his involvement in a continuing offence.
In its order, the Court noted that the petitioner had approached the High Court, where some interim protection had been granted in certain matters.
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The Court stated that the relief sought could be pursued more effectively before the High Court under Article 226 and Section 526 of the BNSS, and accordingly, disposed of the petition without commenting on its merits.
The Court also ordered that, given the petitioner’s fear of immediate arrest, his arrest would remain stayed for two weeks, allowing him time to approach the High Court. The Court made it clear that the High Court had the discretion to extend or deny interim protection, particularly regarding Section 19(1) of the BNSS.
BNS stands for Bharatiya Nyaya Sanhita and BNSS stands for Bharatiya Nagarik Suraksha Sanhita. These are proposed criminal laws in India aimed at reforming the criminal justice system, with provisions addressing the criminal process and citizen protection.
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