MADURAI: The Madurai Bench of the Madras High Court on Wednesday ordered an interim stay against the operation of a G.O passed by the state government on December 4, 2025, appointing some police officers as special executive magistrates for an indefinite period, empowering them to perform certain functions to maintain public order and tranquility in their jurisdiction.
A bench of justices N Sathish Kumar and M Jothiraman further directed the government to file a counter affidavit and adjourned the case to June 9.
The bench passed the interim order on a Public Interest Litigation (PIL) petition filed by S Nallathambi of Madurai seeking to quash the G.O
Nallathambi stated in his petition that the G.O was issued under Section 15 of BNSS, enabling the police officers to perform the functions of an executive magistrate including execution of bond for good behaviour, ordering dispersal of unlawful assembly and initiating action against suspects.
But Section 15 permitted the state government to make such appointments only for a specific term and not a perennial period as mentioned in the G.O, Nallathambi alleged.
Moreover, conferment of judicial powers, particularly the power to impose punishment for violation of a bond under Section 141 of BNSS, on the police violates the principle of separation of powers. The G.O also violated Section 6 of the District Police Act, 1859, which prohibited such conferment of revenue or judicial powers on police, he said.