R KARUNANIDHI, ADVOCATE: Today Item 23 at Court hall 1. The G.O. was stayed by Hon’ble MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN. Today Division Bench has stayed the Government Order granting powers to police officers, including Deputy Commissioners of Police, to act as Executive Magistrates.

[01/04, 12:51] sekarreporter1: 👍
[01/04, 12:52] R KARUNANIDHI, ADVOCATE: Today

Item 23 at Court hall 1.

The G.O. was stayed by Hon’ble MR.JUSTICE N.SATHISH KUMAR
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN.

Today Division Bench has stayed the Government Order granting powers to police officers, including Deputy Commissioners of Police, to act as Executive Magistrates.

The Court held that such conferment of powers violates the doctrine of separation of powers, as police authorities cannot exercise judicial or quasi-judicial functions affecting personal liberty.

It was further observed that under Section 15 of BNSS, 2023, Executive Magistrates can be appointed only for a specific term, and such powers cannot be granted to police officials indefinitely through executive orders.

Thank you,
R. Karunanidhi
Advocate