The Special Executive Magistrate (SEM) court in Delhi granted bail to Cockroach Janata Party (CJP) leaders Saurav Das and Ashutosh Ranka in a detention case on Wednesday. The order came after a hearing that lasted around one and a half hours.
The case has brought attention to the role of SEM courts and how their powers differ from those of regular criminal courts. When Das was being taken to the SEM, he reportedly referred to it as a “police court” and questioned whether justice could be delivered there.
But what exactly is an SEM court, what powers does it exercise, and how does it differ from a regular court?
What Is An SEM Court?
SEM stands for Special Executive Magistrate. These magistrates primarily exercise preventive powers to maintain public order and prevent potential breaches of peace. Unlike judicial magistrates, they do not conduct criminal trials or decide whether a person is guilty of an offence.
Their role includes requiring individuals to execute bonds to maintain peace when there is reason to believe that a breach of public order may occur. The law prescribes specific procedures and safeguards for exercising these powers.
Under Sections 126 and 143 of the BNS, the Executive Magistrate has the power to require a person to execute a bond if there is a possibility of breach of public peace. When a person violates this peace bond, a magistrate initiates an investigation under Section 130.
The distinction is important: these provisions are preventive in nature and are not equivalent to a criminal trial. An SEM's powers are limited to the functions authorised by law.
In some cases, SEM proceedings take place at offices located within police premises. This has contributed to such proceedings being informally described as being held in a “police court”, although an SEM court is not the same as a regular criminal court.
How Is An SEM Court Different From A Regular Court?
An SEM court and a regular criminal court differ in their functions, powers and administrative structures.
A judicial magistrate can hear criminal cases, conduct proceedings under criminal law and exercise judicial powers, including deciding matters that fall within the court's jurisdiction. An Executive Magistrate, by contrast, primarily exercises administrative and preventive powers, such as proceedings intended to avert a breach of peace.
Executive Magistrates generally function under the executive branch of government. Their service conditions and career progression are governed by the relevant administrative framework. Judicial magistrates operate within the judicial hierarchy and are subject to the applicable judicial administrative structure.
Historically, Executive Magistrates have often been drawn from administrative or revenue services. Their role is distinct from that of judicial officers, who adjudicate disputes and criminal cases.
In Delhi, provisions of the Delhi Police Act empower the Central Government to authorise the Commissioner of Police and subordinate officers of a specified rank, including officers not below the rank of Assistant Commissioner of Police (ACP), to exercise certain powers of a District Magistrate or Executive Magistrate, subject to the law and the relevant authorisation.
However, preventive proceedings must still follow the procedures prescribed by law, and the exercise of such powers can be challenged before the appropriate judicial forum.
Why Were Saurav Das And Ashutosh Ranka Detained?
CJP leaders Saurav Das and Ashutosh Ranka were detained on October 14 for allegedly violating security arrangements and entering the Jantar Mantar protest area during a demonstration.
On Monday, the SEM extended their detention by another two days, taking the total period of their detention to seven days. The two leaders were granted bail on Wednesday following a hearing before the SEM court.
Their case has renewed questions about the use of preventive powers during protests and the distinction between administrative proceedings intended to maintain public order and judicial proceedings that determine criminal liability.