‘When khaki and court’s responsibility…’ Madras High Court reverses two mandates of Jayalalithaa government


Madras High Court: The Madras High Court on Monday (March 13) declared as “unconstitutional” two Government Orders (GOs) issued in 2013 and 2014 during the late J Jayalalithaa’s government. In the mandates, the Deputy Commissioner of Police (DCP) was given the powers of an executive magistrate, under which the DCP was empowered to obtain a bond of good behavior from criminals.

A bench of Justices N Satish Kumar and Justice N Anand Venkatesh said, “Actually, there is no reason in the GO, but it was done because the then Chief Minister wanted so. Preventive detention is a necessary evil, but ultimately an evil.” It is.”

The court called the orders – arbitrary
The bench observed that the vesting of powers under Sections 107 to 110 of the CrPC with the DCP was “wholly arbitrary and unreasonable”. The court observed that it had given the police “the power to play the role of investigator, prosecutor and judge and to send people to jail”. The court called it a case of violation of separation of powers.

The court said, “When the entire process of investigation, prosecution and decision has been done on one branch of the executive i.e. the police. When khaki and court responsibility are combined and put on one officer, it results in anarchy.

violation of fundamental rights
The court considered this mandate as a violation of the fundamental rights of life and liberty to citizens under equality before the law and Articles 14 and 21 of the Constitution. Government orders numbering 659 and 181 were passed in September 2013 and February 2014 respectively during the tenure of former Tamil Nadu Chief Minister Jayalalithaa.

The court said that this mandate violates the provisions of Articles 14, 21 and 50 of the Constitution of India and Section 6 of the Madras District Police Act. Consequently, the status quo that prevailed before the issue of GO will be restored.

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