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mesuggest (prop.)     25 October 2015

Is prsecution of a judge possible

Sir,

How and where we can prosecute a Judge of District-level for apparantly sidtracking the isuue and passing order on unimportant issue which has no place in prayres caluse, too.

Appeal and Others remedies have been utilised but simply this is not enough hence this Querry.

Guide.



Learning

 5 Replies

Neo   25 October 2015

Well judiciary is independent but a judge can be traced in upper courts such as high court as making him party

N.K.Assumi (Advocate)     26 October 2015

Judges are not above the Law and they can be Prosecuted. But as per your query, it is not a fit case to prosecute the Judge and the proper way is to prefer an Appeal or Revision in higher forum.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 October 2015

Judgments are often frustrating. But unless mala fide can be proven a judge cannot be prosecuted. Even then you have to get permission from higher judiciary to launch prosecution.

T. Kalaiselvan, Advocate (Advocate)     01 November 2015

Well explained by Dr.MPS Ramani.  

However, if this is the reason you wanted to prosecute, then it is not maintainable, you may instead prefer an appeal. If you have already preferred appeal, what was the result?

Do you have concrete evidence to prove your allegations?, if so, you may make a complaint against the judge with the Registrar, Vigilance and the chief Justice of the high court. 

N.K.Assumi (Advocate)     02 November 2015

If very mistakes committed by a judge in passing judicial orders can be a ground to prosecute the Judge, no Judge will have the courage to pass any judicial orders and Indepndence of Judiciary will be meaningless. Can any person ask a judge how he passed the orders and on what grounds and reasons? No, I don't think it would be proper and legal. rather the only way is to prefer an appeal or revision as the case may be. Let us keep in mind that Judges are also human being and are not immune to committing  mistakes or error of judgments, this is the reasons of inventing Curative petition.


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