- The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases in any metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. - Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
- The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.
Simplified Explanation:
Section 18 of the Code of Criminal Procedure (CrPC) 1973 outlines the executive powers of the District Magistrate (DM) and Additional District Magistrates (ADM) in the context of the administration of criminal justice and maintenance of law and order within their jurisdiction. Here’s a breakdown of its provisions:
- Executive Powers of the District Magistrate (DM): The District Magistrate, appointed by the State Government, has executive powers to maintain law and order within the district. The DM has wide-ranging powers under the CrPC to prevent and address public nuisances, manage unlawful assemblies, and undertake other actions necessary for maintaining public order.
- Appointment of Additional District Magistrates (ADM): The section also provides for the appointment of Additional District Magistrates by the State Government. These ADMs can be endowed with all or any of the powers of a District Magistrate under the CrPC or other laws. This allows for the delegation and distribution of responsibilities within the district administration, enabling more effective management of law and order and other administrative functions.
- Special Executive Functions: Both the DM and ADMs play critical roles beyond the general administration of criminal justice. They are involved in preventive actions, such as issuing orders to prevent potential disturbances to public peace, overseeing disaster management efforts, coordinating security measures, and various other functions pivotal to maintaining stability and order in their jurisdictions.
- Coordination with Judicial Magistrates: While the primary role of DM and ADMs is executive, their functions often intersect with the judicial aspects of law enforcement, requiring close coordination with Judicial Magistrates. For instance, executive orders issued by DM or ADMs for preventive detention or restrictions on gatherings may necessitate judicial oversight or compliance with judicial directives.
- Objective: Section 18’s overarching aim is to ensure that there is a robust framework for the administration of law and order at the district level, with clear delineation of powers and responsibilities between the DM, ADMs, and Judicial Magistrates. This facilitates a comprehensive approach to addressing both preventive and reactive aspects of law enforcement and criminal justice administration.
Section 18 emphasizes the critical role that District Magistrates and Additional District Magistrates play in the overall framework of district administration, particularly in matters related to the maintenance of public order and the execution of laws. Their executive powers complement the judicial processes, ensuring a holistic approach to governance and law enforcement within their districts.
