Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


(Guest)

If charges are proved against Judge What type of action ...

If Chief Justice P.D. Dinakaran charges of encroachment of Government land proved. What type of action can be taken in India ? ? ? Please.



Learning

 7 Replies

Anish goyal (Advocate)     06 December 2009

Parliament can initiate impeachment process to remove him 4m job. And that will be first in indian history if successful

(Guest)

Impeachment and legal proceedings as per civil and criminal procedure code.

Before law all are equal.

Rajan Salvi (Lawyer)     07 December 2009

If he was a Judge of the Lower Court the following would be the line ofaction[as reported in  1991 AIR 2176, Delhi Judicial Service Association v/s State of Gujrat ,]

1.9 In view of' the paramount necessity of preserving the independence of
judiciary and at the same time ensuring that infractions of law are' properly
investigated the following guidelines are to be followed:

(a) If a judicial officer is to be arrested for some offence, it should be done under intimation to the District Judge or the High Court as the case may be.

(b) If facts and circumstances necessitate the immediate arrest of a judicial officer of the subordinate judiciary, a technical or formal arrest may be effected.

(c) The fact of such arrest should be immediately communicated.to the District and Sessions Judge of the concerned District and the Chief Justice of the High Court.

(d) The Judicial Officer so arrested shall not be taken to a police station, without the prior order or directions of the District & Sessions Judge of the concerned District, if available.

(e) Immediate facilities shall be provided to the Judicial Officer for communication with his family members, legal advisors and Judicial Officers, including the District & Sessions Judge.

(f) No statement of a Judicial Officer who is under arrest be recorded nor any panchnama be drawn up nor any medical test be conducted except in the presence of the Legal Advi- sor of the Judicial Officer concerned or another Judicial Officer of equal or higher rank, if available.

(g) There should be no handcuffing of a Judicial Officer. If, however, violent resistance to arrest is offered or there is imminent need to effect physical arrest in order to avert danger to life and limb, the person resisting arrest may be over-
powered and handcuffed. In such case, immediate report shall be made to the
District & Sessions Judge concerned and also to the Chief Justice of the High Court. But the burden would be on the Police to establish the necessity for effecting physical arrest and handcuffing the Judicial Officer and if it be established that the physical arrest and hand-cuffing of the Judicial Officer was unjustified, the Police Officers causing or responsible for such arrest and handcuffing would be guilty of misconduct and would also be personally liable for compensation and/or damages as may be summarily deter- mined by the High Court. 


  1.10 These guidelines are not exhaustive but are the minimum safeguards to be
observed in case of arrest of a Judicial Officer. These should be implemented by
the State Governments as well as by the High Courts. [1001G]

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 December 2009

Impeachment is the only remedy within the available law. Rajan has detailed the procedure.

girishankar (manager)     02 March 2010

He will be asked to take a resignation and later he will be Appionted to some Commision which the Govt: Puts.......

girishankar (manager)     02 March 2010

And it will be Named as a Judiciary REVOLUTION .............

Adv. karinamishra (-)     08 March 2010

I agree with other experts that impeachment is the only remedy.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading