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bhanudassss (service)     25 January 2018

Can judge writing false statements in judgement be punished?

The Family Court Judge gave judgment and wrote false statements in the judgment contradicting the evidence on record.   How to punish this liar judge?



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 17 Replies

bhagwat patil (Property due diligence 9422773303)     25 January 2018

NO .You can make a point in appeal.

Sachin (N.A)     25 January 2018

Originally posted by : bhanudassss
The Family Court Judge gave judgment and wrote false statements in the judgment contradicting the evidence on record.   How to punish this liar judge?

 

 

You can only file an appeal against the impugned order.

bhanudassss (service)     25 January 2018

An appeal will only correct the wrongs in the judgment that too after years.  But what about the wrongdoer?  Should he not be punished for his wrong?  If the judgment is not challenged it becomes evidence.  Can the judge be prosecuted for fabrication of false evidence or contempt of court?

N.K.Assumi (Advocate)     25 January 2018

A judge has a right to decide rightly or wrongly, and the only option is to go for appeal. It is only if the judge decide the case with ulterior motive for gain or by bribe etc, you can file a complaint against him to the Chief Justice of your High Court. 

TGK REDDI   26 January 2018

You can sue and prosecute him concurrently.     At the same time, you can prefer a Memorandum of Appeal.

For instituting a Suit against him you've to give a Notice under Sec 80 of the Civil Procedure Code.    Simple.

For prosecuting him, sanction from government is necessary.     Not simple.    Sections 217, 218,219 etc of the Indian Penal Code are perhaps suitable.

There's so much in law.     But no implementation.

Judiciary is pro government.     It's very difficult to have a government servant punished, especially a judge.    The case must be either exceptionally sensational or politically strong.

God is for the big batallions.   

N.K.Assumi (Advocate)     26 January 2018

I agree with TGK REDDI, provided that the the Family Court Judge is under disciplinary control of the Government, but if he is under the disciplinary control of the High Court, it is only the High Court that can imposed disciplinary action against the Judge. Passing orders without any ulterior motive to benefit a particular  party to the case or by way of bribe or other act of corruption in the orders by itself cannot amount to criminal act. Judge can always decide rightly or wrongly and that by itself cannot amount to any criminal offence, otherwise every wrong orders, even per incuriaum will give rise to criminal action, and no judge will be courageous enough to pass orders. The moot point is whether Family Court Judge is a Judicial Officer in the real legal sense.

N.K.Assumi (Advocate)     26 January 2018

Chapter IV Section 76 to 80 of the Indian Penal Code, read with Section 1 of the Judicial Protection Act 1850 protect judicial officer for acts done in good faith.Issue is whether Family Court Judge is a Judicial Officer in real legal sense.

TGK REDDI   26 January 2018

He's at least a Public Servant.      A family court judge is a public servant according to Sec 21 of the Indian Penal Code.

The judge made false statements contrary to witnesses.    They're not errors.     They're not in good faith.     No immunity.

N.K.Assumi (Advocate)     26 January 2018

TGK REDDI SIR, I accept your views. Question is whether Family Court Judge is a Judicial officer in strict sense of the law and under the disciplinary control of the High Court or the State Government for initiating disciplinary action for any of his misconduct, if we accept that as judicial misconduct.

TGK REDDI   26 January 2018

The matter is no longer sub judice.       We can comment.

I studied.    I could not make out whether the  presiding officer of a family court is a judicial officer.    That's why I wrote:  at least he is a public servant.

The query here is whether he can be proceeded against.     Disciplinary action is a separate issue.

N.K.Assumi (Advocate)     26 January 2018

Question is whether he is a "judge" within the meaning of IPC or the JOPA 1985? It is only after considering that issue further course of action can arise. If he is not a judge, question of punishing a judge obviously does not arise.How can anyone punish a person as a judge who is not a judge? 

N.K.Assumi (Advocate)     26 January 2018

Meaning thereby as quasi judicial power like the Sub Registrar etc?

N.K.Assumi (Advocate)     27 January 2018

TGK REDDI Sir, please don't think that immunity is given by me, but by the Law itself, like immunity to diplomats and Head of States like Iddi Amin, and the like etc, under International Law.

TGK REDDI   27 January 2018

Immunity to persons that work in good faith.     Here the public servant didn't work in good faith.


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