plea challenges bnss section on prosecution
New Delhi, Feb. 8 -- A petition in the Supreme Court has challenged 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.
PS Subeesh, a criminal lawyer, filed the petition on Friday through advocate MS Suvidutt, challenging BNSS Section 20 sub-clauses (2)(a) and (2)(b), which permits the appointment of serving or retired judicial officers as directors, and serving judicial officers as deputy directors and assistant directors of prosecution.
The petition said the provision subjects prosecution to executive control and disrupts the constitutional balance between the judiciary, executive, and prosecution. "The said provisions, therefore, infringe the Petitioner's fundamental rights guaranteed under Articles 14 and 21 of the Constitution," the petition said.htc...
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