India, Feb. 25 -- The Supreme Court on Wednesday refused to entertain a petition challenging the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) that permits serving or retired judicial officers to assume senior posts in the prosecution department, terming the plea "misconceived" and lacking any "legal foundation".

A bench headed by Chief Justice of India Surya Kant, however, clarified that the provision in question only lays down an eligibility criterion. It observed that the law clearly prohibits a person from acting as a prosecutor and a judge at the same time, and that the clause merely allows a person who "is or has been a Sessions Judge" to be considered eligible for appointment to posts in the prosecution wing....