Supreme Court junks plea challenging validity of BNSS provisions on appointment of prosecution officers

The Supreme Court connected Wednesday (February 25, 2026) junked a petition challenging the law validity of definite provisions of the BNSS that let assignment of serving oregon retired judicial officers arsenic directors, and serving judicial officers arsenic lawman directors of prosecution and adjunct directors of prosecution.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and M. Vipul Pancholi said the plea was misconceived and had nary ineligible basis.

The plea filed by petitioner Subeesh P.S. done advocator M.S. Suvidutt challenged the validity of provisions contained successful Section 20 sub-clauses (2)(a) & (2)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

"The situation arises connected the crushed that the impugned provisions, though purportedly enacted to fortify the prosecution machinery, successful effect subvert judicial independency by inducting members of the judiciary into executive-controlled prosecutorial posts, thereby impermissibly merging judicial and enforcement functions," the plea said.

It added that specified an induction violates the doctrine of separation of powers, which forms an indispensable diagnostic of the law scheme.

"The said provisions, therefore, infringe the petitioner's cardinal rights guaranteed nether Articles 14 and 21 of the Constitution and interruption the law mandate embodied successful Articles 50 and 235 thereof," the writ petition said.