Notice to Centre in plea challenging Criminal Procedure Act

CHENNAI: The Madras High Court on Monday ordered notice to the Union Government to file its response within six weeks on public interest litigation challenging several provisions of the Criminal Procedure (Identification) Act, 2022.

The first bench of Acting Chief Justice M Duraiswamy and Justice K Sunder Mohan passed the direction on hearing a petition filed by V Adarsh, a resident of Tiruvottiyur, in Chennai.

The petitioner sought a direction to declare Sections 2 (1) (a) (iii), 2 (1) (b), 3, 4, 5, 6, 7 and 8 of The Criminal Procedure (Identification) Act, 2022 as unconstitutional, illegal, void and ultra vires the Constitution of India.

According to the petitioner, the Act has been enacted to authorise the taking of ‘measurements’ of convicts and other persons for the purposes of identification and investigation in criminal matters and to preserve records and for matters connected therewith and incidental thereto.

“As per Section 2 (1) (b) of the Act, measurements include, inter alia, “iris and retina scan, physical and biological samples and their analysis and behavioral attributes”. It is relevant to submit that the Act, however, does not define ‘physical samples’, ‘biological samples’, ‘analysis or ‘behavioral attributes, ” the petitioner said in his affidavit.

He further said that several provisions in the Act are against the fundamental rights guaranteed under Article 21 of the constitution.

On recording the submissions, the bench directed the union government to file its response and adjourned the matter for six weeks.