Court examines petition challenging the conferral of Special Executive Magistrate powers to ACP, citing conflict with Bharatiya Nagarik Suraksha Sanhita, 2023.
In a recent judicial development, the Madhya Pradesh High Court has taken cognizance of a petition challenging a notification that conferred powers of a Special Executive Magistrate to an Assistant Commissioner of Police (ACP) in Indore. The petition, filed under Article 226 of the Indian Constitution by Saurabh Tripathi, argues that this notification contradicts the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The contentious notification, dated December 9, 2021, allowed the ACP to wield authority under several sections of the Criminal Procedure Code (Cr.P.C.), specifically sections 58, 106-124, 129-132, 144, and 144-A. However, the petitioner contends that post the implementation of BNSS, 2023, such powers can only be conferred upon police officers of the rank of Superintendent of Police or higher, as outlined in Section 15 of the BNSS, 2023.
Presided over by Justices Vijay Kumar Shukla and Alok Awasthi, the court has directed the respondents, including the State of Madhya Pradesh, to respond to the petition. The bench acknowledged the petitioner's argument that the notification, originally issued under Section 21 of the Cr.P.C., is now incompatible with the BNSS, 2023, which supersedes prior legislations following the introduction of the Commissionerate system in Indore.
The petitioner further highlighted the repeal and savings clause under Section 531 of the BNSS, 2023, which, according to him, excludes the possibility of conferring such powers on an ACP. In response, the court has issued notices to the respondents, requiring a reply within four weeks.
This case underscores the ongoing transition and challenges in aligning existing legal frameworks with newly enacted legislations. The outcome of this petition could have significant implications for the distribution of police powers and the operational dynamics within the Commissionerate system in Madhya Pradesh.
Bottom Line:
Notification conferring powers and functions of Special Executive Magistrate to Assistant Commissioner of Police challenged under BNSS, 2023 - Section 15 of BNSS, 2023 restricts conferral of such powers to police officers not below the rank of Superintendent of Police or equivalent.
Statutory provision(s): Section 15 of Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 58, 106-124, 129-132, 144, and 144-A of Cr.P.C., Section 21 of Cr.P.C., Section 531 of Bharatiya Nagarik Suraksha Sanhita, 2023.
