CHENNAI: A special division bench of the Madras High Court on Monday struck down two Tamil Nadu Government Orders (GOs), issued in 2013 and 2014, that delegated powers of executive magistrates (RDOs) to deputy commissioners of police (DCPs) in proceeding against breach of bonds furnished by habitual offenders and in ordering their arrest.
Calling the delegation of powers unconstitutional and arbitrary, the bench consisting of Justices N Sathish Kumar and N Anand Venkatesh said that the orders “manifest arbitrariness and violate the principle of separation of powers under the Constitution.” The bench said that the processes of investigation, prosecution, and adjudication had been arrogated by one branch of the executive the Police and when the “khakhi” and “judicial robes” are blended, the resultant picture is that of “executive anarchy”.
The GOs, the bench added, consequently violate Articles 14, 21 and 50 of the Constitution and the proviso of Section 6 of the Madras District Police Act. The Judges found out that the GOs stated that the delegation was sanctioned because the then chief minister wanted it.
The bench ordered the restoration of status quo ante. The judges pronounced the verdict while disposing of a batch of petitions challenging the proceedings of police officers, initiated from Section 107 to 110 of the Code of Criminal Procedure (CrPC). The batch of petitions had been referred to the special bench after three judges had differing verdicts over the orders.
Proceedings resemble musical chairs game: HC
“We are shocked to say that such proceedings, which have a bearing on the liberty of citizens, resemble the game of musical chairs within the police department,” the bench noted. Likewise, the bench also held that an executive magistrate cannot authorise imprisonment under Section 122 (1) (b) of the CrPC for violation of a bond under Section 107 of CrPC, and that such violation can be prosecuted before the judicial magistrate.