NEW DELHI, Feb 25: In a swift rebuff, the Supreme Court on Wednesday dismissed a petition questioning the constitutional validity of Bharatiya Nagarik Suraksha Sanhita (BNSS) clauses that permit serving or retired judicial officers to take up prosecution roles like directors, deputy directors, and assistant directors.
A bench led by Chief Justice Surya Kant, with Justices Joymalya Bagchi and Vipul M Pancholi, called the plea “misconceived” and lacking any legal foundation. The petition, filed by Subeesh P S via advocate Suvidutt M S, targeted Section 20(2)(a) and (2)(b) of the 2023 law.
It argued these provisions undermine judicial independence by pulling judges into “executive-controlled” prosecution jobs, blurring the vital separation of powers and breaching Articles 14, 21, 50, and 235 of the Constitution. The court wasn’t convinced, tossing the case outright.
The ruling reinforces the new criminal law’s framework amid ongoing debates over judicial-executive boundaries—seen as a win for bolstering prosecution without compromising court autonomy.
