Police officer can't act as executive magistrates, says Supreme Court

Team SoOLEGAL 24 Oct 2017 6:00pm

Police officer can't act as executive magistrates, says Supreme Court

In a recent petition filed by Aldanish Rein in the Supreme Court, challenged the arbitrary detention powers exercised by an executive magistrate under Chapter VII of Code of Criminal Procedure, 1973. The plea also challenged sections 107, 111 and 116 where an executive magistrate had refused to accept the bond given by a person in a case relating to public nuisance and was sent to judicial custody.

The Supreme Court of India expressed surprise that police officers have been assigned the task of executive magistrates under criminal procedure code to ensure peace and empowered to accept or reject bonds from people for maintaining order.

A bench headed by Chief Justice Dipak Misra said: "Can police officers act as executive magistrate? Certainly not".  The petitioner Aldanish Rein, contends that the rejection of bond in such cases violate the right to life under Article 21 of Constitution of India as people are sent behind the bars without any remedy.

Amicus curiae and additional solicitor general Maninder Singh has submitted a detailed note on this issue and said the provisions under Chapter VII of CrPC were in the form of 'preventive justice'. However, he clarified that before ordering detention of a person, the executive magistrate must record a definite finding based on information received requiring immediate steps. "But, in most cases, the exercise of detention power is arbitrary," Singh said. [Inputs from TOI]

Tagged: Police officer   Supreme Court   Magistrate     
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