Madras High Court Halts Tamil Nadu Order Granting Magistrate Powers to Police

MADURAI: The Madurai Bench of the Madras High Court on Wednesday issued an interim stay on a government order dated December 4, 2025, which had authorised certain police officers to function as special executive magistrates for an indefinite period. The order had empowered them to carry out specific duties aimed at maintaining public order within their jurisdictions.

A division bench comprising Justices N. Sathish Kumar and M. Jothiraman also directed the Tamil Nadu government to submit a counter affidavit, scheduling the next hearing for June 9.

The interim relief came in response to a Public Interest Litigation (PIL) filed by Madurai-based petitioner S. Nallathambi, who challenged the legality of the government order and sought its cancellation.

In his plea, Nallathambi argued that the order was issued under Section 15 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows the appointment of executive magistrates only for a limited duration. He contended that granting such powers indefinitely was beyond the scope of the law.

The petitioner further raised concerns over the delegation of quasi-judicial powers to police personnel. He stated that allowing police officers to undertake functions such as enforcing bonds for good behaviour, dispersing unlawful assemblies, and initiating preventive actions against suspects undermines the principle of separation of powers.

Additionally, the plea highlighted a possible conflict with the provisions of the District Police Act, 1859, which restricts the assignment of judicial or revenue-related responsibilities to police authorities.