The state government has decided to muzzle the voice of activists who proactively unearth scams and file complaints against errant public servants, believe social activists.

As per an amendment by the state government in the Criminal Procedure Code (CrPC) section 153 (3) and section 190, no FIR will be directly registered against accused politicians and public servants on the basis of a complaint and without the permission of the appellate authority. Chief minister Devendra Fadnavis approved this amendment in the cabinet on Thursday.

Lawyer and social activist YP Sigh termed this cabinet decision illegal. "Cabinet has no right to define national law. It is totally illegal. Government officers are going on committing mistakes... to protect and shield the corrupt ones, the government has decided to approve the amendment. We will challenge this decision," he added.

Fadnavis said the amendment was done as per a Supreme Court verdict. In Anil Kumar and other versus MK Aiyappa [2013 (10) SCC 705], a two-judge SC bench had held that a special judge/magistrate cannot refer a complaint for investigation under section 156(3) of the CrPC against a public servant without a valid sanction order from the government.

"On the basis of the SC verdict, we made the amendment in the CrPC. Earlier, after making the complaint in the court, an FIR would be registered against accused public servants. However, it was observed that in most of the cases, the complaints were made with maligned and political intention. Most were baseless and ill-founded, troubling upright and efficient officers. And it was hampering government work," said Fadnavis.

He added that the state took cognizance of these issues and decided to amend the CrPC to safeguard efficient and honest public servants.

Singh, however, slammed the move and said, "The cabinet decision means stopping the search for truth. This decision is applicable for Prevention of Corruption Act cases, not the Maharashtra Regional and Town Planning Act and environment-related violations."