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Law provides remedy to file appeal in case of illegal order, Judicial Officers protected from judicial action for their order : Gauhati High Court

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The Gauhati High Court has recently dismissed the petition of ASI ‘Rahendra Baglari’ with cost on him. He filed the petition, seeking legal action against a Judicial Magistrate and the HC and its Registry for the the wrong order by the Magistrate.

The Bench of Chief Justice Ajai Lamba reiterated the protection to the judicial officer under the “Judges (Protection) Act, 1985”.

“The orders might be illegal, however, law provides appropriate remedies to the petitioner to challenge the said orders. The actions of the Judge,
however, stand protected by virtue of the Judges (Protection) Act, 1985″, bench said in order.

The bench further said that, the sitting Judge and also to the Ex-Judge are protected under the Judges (Protection) Act, 1985.

“whereas the protection available under the Judges (Protection) Act, 1985 is absolute and is available not only to a sitting Judge but also to an Ex-Judge in respect of the actions taken or words spoken by him while discharging his official or judicial functions.”

The bench said that people will lose faith in the judiciary, if legal action taken against the judicial officer for the wrong order. It further said, appeal can be filed for wrong order.

“If in passing every wrong or illegal judicial order, the concerned Judge is sued before the higher judicial forum, it shall result in demoralising the judicial officers, particularly, at the adjudicating level, other than the public losing faith in the judiciary.”

The bench said that, law always provides remedy to file appeal in case of illegal order.

“In case a purported illegal order is passed on wrong facts, law always provides for filing of appeal, revision or writ petition against the ORDER”

The bench also noted that in the petition, the respondents are only the judicial officers and also the High Court where the judicial proceeding is pending.

passing a judicial order in a pending judicial proceeding the Judicial Magistrate by name and designation; and the High Court and the Registrar General are being held accountable, which is not permissible in law.”

The bench dismissed the petition with cost.

this petition is dismissed with costs, in the sum of Rs.10,000/- (Rupees ten thousand) only, to be recovered from the salary of the petitioner, and deposited with Assam State Legal Services Authority within 45 days from today.”

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1 comment

Kapileshvenkatraman September 23, 2020 at 8:34 pm

Hello, nobody is above the law and law is not bigger than public as the law is for public and it should serve public it’s purpose. When magistrates or whomsoever misuses the power then it should be condemned and punished. Judges who are not doing his work properly is not deserves to be covered under the judge act.

Also does it mean the judge can misuse the power?

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