Saturday, July 13, 2024
HomeClass NotesHow to file complaint against judge in India

How to file complaint against judge in India

Can an FIR be filed against a sitting judge?

Can the police or any investigating agency file a First Information Report (FIR) against a High Court or Supreme Court judge and even the Chief Justice of India?

No criminal case will be registered under Section 154 of the Code of Criminal Procedure (FIR) against a Judge of the High Court, Chief Justice of the High Court or Judge of the Supreme Court unless the Government first consults the Chief Justice of India. .

If the CJI allows the FIR to be filed, the government will consult him on the question of sanctioning prosecution for a second time.

Veeraswamy decides that “it will be necessary and appropriate that the question of sanction be further directed according to the advice of the Chief Justice of India”. A majority in the constitution bench classifies a judge as a “public servant”.

Similarly, the Supreme Court has also laid down guidelines for the arrest of a judicial officer of a subordinate judiciary.
  • Immediate arrest There will be only one “technical or formal arrest”, immediately after which it should be reported to the District and Sessions Judge of the concerned district and the Chief Justice of the High Court.
  • The arrested judicial officer shall not be taken to any police station without the prior order of the District Judge and no statement shall be recorded from him or her except in the presence of a lawyer. He will not be handcuffed.
  • Sec. 3 of the Judges (Protection) Act, 1985, for any act, object or term to the Judges of the Supreme Court and High Courts from “any civil or criminal proceedings”, for the acts done or spoken by it. Provides.
  • Section 77 of the Indian Penal Code exempts judges from criminal proceedings for something said or done in the course of judicial duties.

 

No person can complain against an judge for an adverse decision or order. There is another option for that matter such as amendment, review or provision of appeal to higher judiciary. Remember that in each interim order / final decision, one of the two opposing parties may not like the order. Therefore, if you are suffering from a bad or unfair order, then there is a provision for amendment, review or appeal in the higher court.

Under what conditions can people complain against judges?

  • Potentially bad or irresponsible conduct of a judge.
  • If it appears that the judge’s behavior was rude. (Provide details of what the judge said or did, the language he used, acted or behaved).
  • If it appears that the judge’s behavior during the hearing was hostile. Displayed by a judge (provide details of body language, actions, attitudes, observations or behavior).
  • If it appears as if the judge had fallen asleep during the hearing (eg closing eyes, snoring, not answering questions).

Complaint through Affidavit

Some High Courts (eg High Court of Karnataka) have made affidavit mandatory to complain about the Judge. This is probably due to false or trivial complaints. The main reason for this is that these are serious matters and the time of judicial officers should not be wasted in unnecessary complaints. Complaining through affidavit means that if the complaint is found to be false, it will be considered contempt of court. This should be done with the mindset of creating a clean judicial and legal system rather than drawing anger on a person.

Where to send a complaint and to whom?

Gives several contact information for complaints on the Department of Justice webpage. One can contact them over phone, email to know how and where to file a complaint in a particular jurisdiction or court.

Citizen’s Charter for more information Pdf file is available.

Relevant information about complaints against the judiciary has been extracted from the Department of Justice guidelines and given below:

The Department of Justice (DoJ) receives a large number of complaints from citizens through the online portal and through the e-mail of the officials. The DoJ also receives complaints through the President’s Secretariat, the Vice-President’s Secretariat, the PMO, the Administrative Reforms and the Public Grievances Department, other ministries, departments. While most of the complaints are related to the judiciary. Complaints related to other Ministries, Departments in the Central Government and complaints related to the State Governments, Union Territories are also sent to us.

Complaints related to the judiciary are forwarded to the Secretary General of India or the Registrar General of the Supreme Court as appropriate for further action.

Any complaint related to the decision of the Courts is not handled as a complaint. Such complainants are advised to take appropriate legal remedies in the appropriate court of law. Complaints related to the decisions of the Courts will be lodged in the Department of Justice.

In case of unreasonable delay in decision or any complaint related to improper decision, the petitioner is advised to resort to judicial remedy by filing an appeal or any other proceeding before the appropriate court within the prescribed time limit.

Law Article
Law Article
The main purpose of this website is to make people aware about the law, to make them aware and to help in getting legal justice. All information related to Indian law, justice system, education is published on this website.
RELATED ARTICLES

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular