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.
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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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