MADURAI
A petition challenging a Government Order, which confers Executive Magistrate powers on the Deputy Commissioners of Police, has been filed before the Madurai Bench of the Madras High Court.
Justice M. S. Ramesh, hearing the petition, sought a response from the Home department. The case has been adjourned for further hearing. The petitioner, C. Gopu of Tirunelveli, challenged the GO issued by the Home department conferring the right to exercise powers under Sections 107 to 110 of the Code of Criminal Procedure, 1973, on the Deputy Commissioner of Police, Madurai, Coimbatore, Tiruchi, Tirunelveli, Salem and Tirupur.
He claimed that he had received summons from the Deputy Commissioner of Police, Tirunelveli, in his capacity as Executive Magistrate. As per Section 20 (1) of the Code of Criminal Procedure, 1973, the State government can appoint as many persons as Executive Magistrates and one of them as District Magistrate. A person competent to be District Magistrate alone can be an Executive Magistrate.
Under Section 20 (5) of the Code of Criminal Procedure, 1973 the State government has power to confer on a Commissioner of Police all or any of the powers of an Executive Magistrate in a metropolitan area. However, in the notified GO, the power had been conferred on Deputy Commissioner of Police, contrary to the provisions of the Act, he said. He said that the GO was liable to be quashed as null and void and said it was against the principles of natural justice and law.
