judges

Querist : Anonymous (Querist) 09 May 2010 This query is : Resolved
can presiding judges be made party in any appeal as he has tampered evidence on record in a murder case and can punished by higher courts and under what provision a complaint can be lodged against the presiding judge

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Raj Kumar Makkad (Expert) 09 May 2010
While filing an appeal, such judge cannot be made a party but separate action against him may be initiated administratively by filing a representation to Chief Justice of relevant High Court with an affidavit of complainant (representor) with prayer to initiate an enquiry and thus take appropriate action against him.

Parveen Kr. Aggarwal (Expert) 09 May 2010
Section 3 of the Judges (Protection) Act, 1985:

"3. Additional protection to Judges:- (1) Notwithstanding, anything contained in any other law for the time being in force and subject to the provision of sub-section (2), no court shall entertain or continue any civil or criminals proceeding against any persons 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.

(2) Nothing in sub-section (1) shall debar or affect in any manner, the power of the Central Government or the State Government or the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, Criminal or department proceeding or otherwise ) against any person who is or was a judge."