Showing posts with label Ex-Judge. Show all posts
Showing posts with label Ex-Judge. Show all posts

Monday, 21 September 2020

Whether protection under Judges (Protection) Act, 1985 is available to Ex-Judge?

 Reference to Sub-section 1 of Section 3 of the Judges (Protection) Act, 1985 in verbatim is important and relevant. The provision reads as under:

“3. Additional protection to Judges.-(1) Notwithstanding anything

contained in any other law for the time being in force and subject to the

provisions of sub-section (2), no court shall entertain or continue any civil or

criminal proceeding against any person who is or was a Judge for any act, thing

or word committed, done or spoken by him when, or in the course of, acting or

purporting to act in the discharge of his official or judicial duty or function.

XXXXXXXX”

It is apparent that sub-section 1 of Section 3 of Judges (Protection) Act, 1985 directs

that no Court shall entertain any civil or criminal proceeding against any person who is or was

a Judge for any act, thing or word committed, done or spoken by him, or in the course of,

acting or purporting to act in the discharge of his official and judicial duty or function.

It is apparent on perusal of the impugned orders, and not disputed, that the Sub-

Divisional Judicial Magistrate (Respondent No.1 & 4) was acting in discharge of his judicial

duty while passing the impugned orders. The orders might be illegal, however, law provides

appropriate remedies to the petitioner to challenge the said orders. The actions of the Judge,

however, stand protected by virtue of the Judges (Protection) Act, 1985 (subject to the

provision of sub-section 2 of Section 3 of the Act of 1985).

9. A conjoint reading and understanding of the Act of 1850 (supra) and the Act of 1985

(supra) make it clear that protection available to a Judge under Judicial Officers’ Protection

Act, 1850 is in respect of any action taken in good faith; whereas the protection available

under the Judges (Protection) Act, 1985 is absolute and is available not only to a sitting

Judge but also to an Ex-Judge in respect of the actions taken or words spoken by him while

discharging his official or judicial functions.

THE GAUHATI HIGH COURT

Case No. : WP(C) 3057/2020

RAHENDRA BAGLARI Vs THE SUB-DIVISIONAL JUDICIAL MAGISTRATE (M) AND 3 ORS.


BEFORE

HON’BLE THE CHIEF JUSTICE MR. AJAI LAMBA

Dated:15.09.2020

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