Can a judge/ Judicial Officer be arrested and What is the procedure?

Yes. Because they are also the normal citizens of India and Law is above all and everyone is bound to law.

Procedure of arrest and direction for the arrest of Judicial Officers

The Supreme Court had provided certain guidelines to arrest Judicial Officers, For preserving the independence of the judiciary.

According to section 154 of the CrPC, no criminal case can be registered against the judge of the supreme court or any other courts in India.

If a judge 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.

The Supreme Court issued certain direction for the arrest of Judicial Officers in the Case of Delhi Judicial Service Association vs. State of Gujarat, (1991) 4 SCC 406.– Three Judge Bench, issued certain direction for the arrest of Judicial Officers as under:-

(A) A Judicial Officer/ (Judge) should be arrested for any offence under intimation to the District Judge or the High Court Judge as the case may be.

(B) In case of necessity for the immediate arrest of a Judicial Officer / (Judge), only a technical or formal arrest may be effected.

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

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

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

(F) No statement of a Judicial Officer / (Judge) who is under arrest be recorded nor any panchnama be drawn up nor any medical tests are conducted except in the presence of the Legal Adviser of the Judicial Officer / (Judge) concerned or another Judicial Officer of equal or higher rank, if available.

(G) Ordinarily, there should be no handcuffing of a Judicial Officer / (Judge).

(If you liked the Article, please follow )

Twitter

Facebook

Advocate Birbal Sharma

Education- M.Com, LL.B, DLL, LLM Practice Courts - Rajasthan High Court, Income Tax Appellate Tribunal and Intellectual Property Right Attorney Contact Number- 09785037216 Email ID-advocatebirbalsharma@gmail.com