27/10, 19:24] Sekarreporter: 27.10.2025 Monday CJ – GAMJ – item 15 WP.No.39878,39879 & 39881 of 2025, (PIL) filed by R.Murugan, Advocate against The State of Tamil Nadu and Union of India for the following reliefs: A. Issue a writ of declaration, declaring that sub-sections (2), (4), (5), 6 and 7 of Section 187 of The Bharatiya Nagarik

[27/10, 19:24] Sekarreporter: 27.10.2025 Monday
CJ – GAMJ – item 15

WP.No.39878,39879 & 39881 of 2025, (PIL) filed by R.Murugan, Advocate against The State of Tamil Nadu and Union of India for the following reliefs:
A. Issue a writ of declaration, declaring that sub-sections (2), (4), (5), 6 and 7 of Section 187 of The Bharatiya Nagarik Suraksha Sanhita, 2023, are unconstitutional and void to the extent they purport to grant expressly or impliedly to Magistrates/Executive Magistrates, power to authorise detention of an accused in Police Custody, and issue a consequential direction directing the Magistrates to refrain from authorising the detention of the accused in the Custody of the officers or Agency that is entrusted with the investigation into the offence concerned, for the purpose of custodial interrogation.
B. Issue a Writ of declaration to frame guidelines for exercise of the discretion of the Magistrate under Sec. 187 of The Bharatiya Nagarik Suraksha Sanhita, 2023, in deciding whether to authorise detention of an accused or set him free subject to conditions that may be imposed.
C. Issue a Writ of Mandamus directing every officer, empowered to arrest a person, to take or send the person arrested without unnecessary delay: (i) in a case involving a non-bailable offence, before the Magistrate having jurisdiction in the case; and, (ii) in a case involving bailable offence, before the Officer in charge of a police station empowered to release the accused on bail under Sec.480 (1) of Bharatiya Nagarik Suraksha Sanhita, 2023.

The above Writ Petitions came up today before the Hon’ble C.J & the Hon’ble GAMJ and Mr. K. Ravi, Senior Advocate appeared for the Petitioner. After hearing, the Registry is directed to list the writ petitions in the last week of November 2025.
[27/10, 19:24] Sekarreporter: 👍👍