A Case Of Ultra Vires Orders: Section 144 CrPC And Delhi Police Act
4 years, 7 months ago

A Case Of Ultra Vires Orders: Section 144 CrPC And Delhi Police Act

Live Law  

In the last few months various news platforms have reported instances where the State has invoked Section 144 of Cr.P.C. On the other hand, Section 70 reads: "The Central Government may, by notification in the official Gazette and subject to such conditions and limitations as may be specified therein, empower- the Commissioner of Police to exercise and perform in relation to Delhi the powers and duties of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of Criminal Procedure 1973, as may be specified in the notification; any officer subordinate to the Commissioner of Police to exercise and perform in relation to such areas in Delhi as may be specified in the notification the powers and duties of an executive Magistrate under such of the provisions of the said Code as may be specified in the notification." Thus, while powers of a district magistrate can be conferred upon the commissioner of police, they cannot be conferred upon the DCPs or ACPs – to them, only powers of executive magistrates can be conferred. They are senior police officers who have been conferred powers of an executive magistrate by separate notifications under s.70 of Delhi Police Act. The District Magistrates and the Sub-Divisional Magistrates can exercise powers under this section without being specially empowered, however, the case is different for an executive magistrate.

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History of this topic

Chief Commissioner For Persons With Disabilities Has No Power To Adjudicate Service Matters, Can't Stay Transfers: Delhi High Court
4 months ago

Chief Commissioner For Persons With Disabilities Has No Power To Adjudicate Service Matters, Can't Stay Transfers: Delhi High Court

Live Law  

The Delhi High Court has observed that the Chief Commissioner for Persons with Disabilities has no mandate under the Rights of Person with Disabilities Act, 2016 to pass binding or adjudicatory orders, unlike a court of law. The Court stated that the CCPD's mandate under the RPWD Act is “…is investigatory and recommendatory in nature, aimed at ensuring compliance with …

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds
1 year, 9 months ago

Madras High Court Quashes GOs Allowing Police To Exercise Power Of Executive Magistrate, Make Habitual Offenders Execute Bonds

Live Law  

The Madras High Court has held that appointing Deputy Commissioners of Police as Executive Magistrate is violative of the Constitution and the District Police Act. A bench of Justice N Satish Kumar and Justice Anand Venkatesh thus declared two Government Orders as unconstitutional, which gave Deputy Commissioners the powers of an Executive Magistrate while dealing with bonds for keeping peace. …

Bombay High Court reserves order on the issue of delimitation of BMC wards
1 year, 11 months ago

Bombay High Court reserves order on the issue of delimitation of BMC wards

India Today  

The Bombay High Court has reserved its order on the petitions filed by two ex-councillors seeking that the Act passed by the Maharashtra government by which the number of wards in Mumbai were reduced from 236 to 227 be quashed and set aside. READ | No logic for Shinde govt to reduce number of BMC wards, petitioners tell Bombay HC …

'Casually Playing With Personal Liberty Of Accused': Madras HC Recommends Criminal Law Training For Executive Magistrates
2 years, 2 months ago

'Casually Playing With Personal Liberty Of Accused': Madras HC Recommends Criminal Law Training For Executive Magistrates

Live Law  

The Madras High Court recently came down heavily on Executive Magistrates passing orders "without knowing or understanding the basic concepts of criminal law". The remarks were made while hearing a challenge to an order passed by the Sub-Divisional Magistrate cum Revenue Divisional Magistrate under Section 122 of CrPC.Justice K Murali Shankar lamented that the Executive Magistrates. It is right time …

Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC
2 years, 8 months ago

Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC

Live Law  

The Delhi High Court has said that it shall be appropriate that newly recruited officers of the Delhi Judicial Service may be sensitized by holding of appropriate sessions at Delhi Judicial Academy with reference to proceedings under sec. It was thus argued by the counsel for the petitioner that the order passed by trial court was in complete disregard of …

Bizarre That Elected Govt Of Delhi Can't Appoint & Transfer Officers Without LG's Approval: Sr Adv AM Singhvi Before Supreme Court
2 years, 10 months ago

Bizarre That Elected Govt Of Delhi Can't Appoint & Transfer Officers Without LG's Approval: Sr Adv AM Singhvi Before Supreme Court

Live Law  

While considering a request for an urgent hearing of the matter, the Supreme Court on Thursday agreed to hear on April 6th the legal dispute between the Delhi Government and the Central Government regarding control over administrative services in the national capital.A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli issued the direction after considering submissions. …

Rakesh Asthana’s Appointment as Delhi PC in Public Interest: Centre Tells HC
3 years, 3 months ago

Rakesh Asthana’s Appointment as Delhi PC in Public Interest: Centre Tells HC

The Quint  

The petition by the CPIL however, contends that the "impugned orders" are in "clear and blatant breach" of the directions passed by the Supreme Court in Prakash Singh's case and makes the following arguments: Asthana did not have a minimum residual tenure of six months No UPSC panel was formed for appointment of Delhi Police Commissioner The criteria of having …

Like Judges, 'Security Of Tenure' Principle Also Apply To Presiding Officers Of 'Internal Complaints Committee': Delhi HC Stays Transfer
3 years, 5 months ago

Like Judges, 'Security Of Tenure' Principle Also Apply To Presiding Officers Of 'Internal Complaints Committee': Delhi HC Stays Transfer

Live Law  

Staying the transfer of a Commandant at Central Reserve Police Force, the Delhi High Court last week observed that the principles which apply to security of tenure of Judges and Presiding Officers of various quasi-judicial tribunals, also apply to Members/Presiding Officers of Internal Complaints Committee. The matter in brief A Commandant, CRPF, Dwarka, who was also appointed as the Presiding …

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13
3 years, 5 months ago

Delhi High Court To Continue To Take Up Only Urgent Matters Through VC Mode Till August 13

Live Law  

The Delhi High Court has resolved to hear only urgent matters through video conferencing till August 13 in continuation with its earlier order dates June 28 According to the office order issued by the Registrar General dated July 22, it has been stated that the full court has resolved to continue with this mechanism.In its earlier order dated 28th June, …

Delhi High Court, District Courts To Continue Hearing Extremely Urgent Cases Through Virtual Mode Till May 15
3 years, 8 months ago

Delhi High Court, District Courts To Continue Hearing Extremely Urgent Cases Through Virtual Mode Till May 15

Live Law  

In view of the alarming rise in the covid 19 cases in the national capital, it has been resolved that the Delhi High Court and all the district courts shall continue to take up only extremely urgent matters filed in the year 2021 through video conferencing mode till May 15, The Office order issued by the Registrar General of the …

Delhi District Courts To Hear 'Urgent Cases' Only Through Virtual Mode Due To Alarming Rise In Covid 19 Cases
3 years, 8 months ago

Delhi District Courts To Hear 'Urgent Cases' Only Through Virtual Mode Due To Alarming Rise In Covid 19 Cases

Live Law  

The Delhi District Courts will only take up "urgent cases" in view of the "alarming rise in covid 19 cases" in the National capital. The office order issued on Monday by the Registrar General of the Delhi High Court however stated that all other matters listed before such District Courts will be adjourned 'en bloc' information of which will be …

Delhi High Court Issues Notice in Plea Challenging Appointment of 11 Special PPs For Representing Delhi Police in Riots Cases
4 years, 1 month ago

Delhi High Court Issues Notice in Plea Challenging Appointment of 11 Special PPs For Representing Delhi Police in Riots Cases

Live Law  

Delhi High Court has issued notice in a plea challenging the appointment of eleven Special Public Prosecutors for conducting cases pertaining to the riots that took place in the northeast districts of Delhi. Moved by Delhi Prosecutors Welfare Association, the writ petition challenges the notification dated 24/06/20 issued by the Delhi Government whereby eleven Special Public Prosecutors were appointed for …

Delhi Govt Appoints SG Tushar Mehta & 4 Others As Special Counsel To Represent Delhi Police In A Delhi Riots Case
4 years, 7 months ago

Delhi Govt Appoints SG Tushar Mehta & 4 Others As Special Counsel To Represent Delhi Police In A Delhi Riots Case

Live Law  

On Friday, the Delhi Government told the Delhi High Court that it has approved the appointment of Solicitor General Tushar Mehta to represent Delhi police as a Special Counsel in a case pertaining to Delhi Riots. The Home Department of Delhi Government communicated to the Deputy Commissioner of Delhi Police on May 29 that Solicitor General Tushar Mehta has been …

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety
5 years, 2 months ago

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety

Live Law  

I had occasion to read from www.livelaw.in, a 66-page judgment dated 16-10-2019 rendered by 3 learned Judges of the Hon'ble Supreme Court of India in Vinubhai Haribhai Malaviya and Others v. The Stateof Gujarat and Another. It is pertinent to bear in mind that Section 156 is the only power available to a Magistrate/Court to order investigation or further investigation …

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