The Tamil Nadu government has taken a significant step to enhance public order management by delegating key judicial powers to senior police officials across the state. This move, enacted under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, aims to streamline responses during situations of unrest.
Decentralizing Executive Magistrate Powers
Through a Government Order (GO) issued on December 17 by Home Secretary Dheeraj Kumar, the state has appointed police commissioners, joint commissioners, and deputy commissioners as special executive magistrates. This decision comes shortly after the Thiruparankundram incident sparked public discussion on the use of prohibitory orders.
The officers are now vested with authority under Sections 152(1) and 163(1) of the BNSS. These provisions allow them to impose restrictions on assemblies, processions, and general movement to prevent potential disturbances. They also empower officials to take immediate preventive action against public nuisance or any urgent threat to peace and safety.
Expanded List of Authorized Officers
Previously, the power to issue such orders rested primarily with district collectors, district revenue officers, revenue divisional officers, tahsildars, and, in Chennai, the police commissioner. The new order significantly expands this list.
Commissioners, joint commissioners, and deputy commissioners in the following cities now hold these powers:
- Madurai
- Coimbatore
- Trichy
- Salem
- Tirupur
- Avadi
- Tambaram
- Tirunelveli
In Chennai, where the police commissioner already had executive magistrate authority, the government has extended similar powers to two commissioners, four joint commissioners, and twelve deputy commissioners.
Scope of Powers and Mixed Reactions
Beyond Sections 152 and 163, the appointed officers have also been conferred authority under Sections 126 to 129 of the BNSS. This allows for pre-emptive action against individuals or groups likely to breach the peace. It also empowers these magistrates to order the dispersal of unlawful assemblies and to authorize the use of lawful force if such orders are ignored.
Police authorities have welcomed the move. Avadi Police Commissioner K Shankar stated that it would enable quicker and more independent decision-making during sensitive situations. "It is useful to restrain unruly elements and would help in maintaining public order in cities," he said.
However, the decision has raised concerns among civil liberties activists. Advocate R Karunanidhi cautioned that vesting such preventive powers with the police could lead to excessive interference in civil liberties. "Preventive powers, by their very nature, directly infringe upon personal liberty and therefore demand the strictest scrutiny," he argued. He expressed concern that terms like ‘law and order’ or ‘emergency situation’ are often invoked loosely, enabling undue interference with individual freedom. Karunanidhi added that district magistrates and collectors, as independent executive authorities, were traditionally better positioned to assess situations with greater neutrality.
This expansion of police powers under the newly implemented BNSS marks a pivotal shift in Tamil Nadu's approach to maintaining public order, balancing operational efficiency against the imperative of safeguarding civil rights.
