India, Feb. 7 -- A petition has been filed in the Supreme Court challenging a provision of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, that allows sitting or retired judicial officers to hold top posts in the prosecution department, citing concerns that it violates the separation of powers and undermines judicial independence.

P.S. Subeesh, a practising criminal lawyer for over two decades, filed the petition on Friday through advocate M.S. Suvidutt, challenging the provision under Section 20 sub-clauses (2)(a) and (2)(b) of the BNSS.

The provision in question under Section 20(2) states: "A person shall be eligible to be appointed,- (a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice...