The Madras High Court (‘MHC’), holding that mixing the duties of police and judiciary could lead to executive anarchy, quashed two Governments Orders (‘GOs’) vesting powers of an Executive Magistrate in the Deputy Commissioner of Police. The MHC, referring to a Supreme Court judgment, saying that only a Judicial Magistrate has the power to deal with the violation of bond executed under Sec.110 of Criminal Procedure Code, 1973 (‘CrPC’) and not an Executive Magistrate, held “The GO’s are consequently violative of Articles 14, 21 and 50 of the Constitution of India and the proviso to Section 6 of the Madras District Police.”
