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A Supreme Court Bench consisting of Justice SA Bobde and L. Nageswar Rao have called on the Uttar Pradesh govt. for not putting the Criminal Procedure (UP) Amendment Bill 2010 before the assembly after it was sent back by the Uttar Pradesh government on some technical grounds in September 2011. The court was hearing a PIL filed by a practicing lawyer Sanjeev Bhatnagar saying the provision of anticipatory bail should be applicable in Uttar Pradesh and Uttaranchal similar to rest of the country. Following imposition of emergency in 1975, the UP government had amended the CrPC in 1976 and had withdrawn the provision of anticipatory bail in the state. The Mayawati government however in 2010 had passed the law in the assembly to include the provision of anticipatory bail but seeking some clarifications, the president then sent it back to governor in 2011. Since then the UP government has not got the proposal passed in the Assembly with amendment. The petitioner has argued that Article 14 and Article 15 of the Indian Constitution provides the fundamental right of equality and no discrimination, whereas preamble of constitution of India considers justice, equality, liberty and fraternity as prime features. The judges have directed the state government to make its stand clear within two weeks. Justice Bobde has asked government counsel to inform secretary of law department to be present in court on the date of hearing so that he can explain the government’s position
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