annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Tripura
it had to be sent to the President for his
assent. In order to enforce the amendment
early, the State government promulgated
an ordinance on 18 July 2003. According
to Article 213 of the Constitution, the
ordinance needed to be ratified by the
State Assembly in its next session, which
commenced from 19 September 2003. But
this was not done, and according to
constitutional provisions the ordinance
became ineffective within six weeks from
October 31. This failure on the part of the
state government to ratify the ordinance
had created many complications in
judicial functioning. While a section of
judges continued to stick to the lapsed
ordinance and sent undertrials to jail
custody for periods of 120 and 180 days
for varying offences, others refused to
take cognisance of it. 72
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