Chief Justice of India allowing lodging of FIR against a sitting High Court judge

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F.I.R

First Information Report (FIR) nothing but a written document prepared by the police about the commission of a cognizable offence they receive. It is popularly known as report of information that reaches the police first in point of time and that is why termed as the First Information Report used. It is basically a complaint lodged with the police by the victim or someone on his/her behalf of a cognizable offence.

As per section 154 of the Criminal procedure code1973, the complainant can give information about the offence either in written or orally.

F.I.R CAN BE LODGED AGAINST JUDGE OF HC OR SC?

The question was repeatedly asked in judiciary whether an F.I.R can be lodged against sitting judge of HC or SC including CJI. 

The answer for this question was found in K. Veerswami vs Union Of India And Others, dealt with the prevention of corruption act in judiciary where judgment was delivered by five constitutional bench of Supreme court. 

The majority held that no criminal case shall be registered under section 154 of the criminal procedure code, 1973 against judge of the High court, chief justice of High Court or a judge of Supreme Court unless the government first consults the chief justice of India and if the chief justice of India himself is the person against whom allegation of misconduct are received, the government shall consult any other judge or judges of the Supreme Court.

Section 3 of Judges protection act ,1985  provides provision for protection of judges and former judges of the supreme court and the High court’s from any civil or criminal proceedings for any act ,things or word committed , done or spoken by him in course of their judicial duty or function. 

Similarly section 77 of the Indian penal code exempts judges from criminal proceeding for something said or done during judicial duties.

However government can initiate criminal proceedings against a sitting or former judge of Supreme court or High courts under sub section (2) of section 3 of Judges of protection act, 1985 if material evidence present that shows judgment was passed after taking a bribe.

RECENT UPDATE

As Chief Justice of India Ranjan Gogoi on  30TH JULY 2019 gave permission to the Central Bureau of Investigation to file a case against Allahabad High Court’s Justice Shri Narayan Shukla under the Prevention of Corruption Act, 1988.

In January 2018, an in-house committee set up by Gogoi’s predecessor, Dipak Misra, ,a panel comprising three High Court Chief Justices was then formed to inquire into these allegations which eventually found him guilty of giving favor to a private medical college by extending deadline for admission of students, in violation of a Supreme Court order.

Justice Dipak Mishra asked Justice Shukla to resign or retire voluntarily. After Justice Shukla had done neither, Dipak Misra asked the chief justice of the Allahabad High Court to allot him any judicial work. Justice Shukla had then reportedly gone on a long leave.  CJI Ranjan Gogoi had in May 2019 declined Justice Shukla’s request for judicial work to be allocated to him again.Finally on 30th July 2019 our present CJI granted permission to CBI to register an FIR against Justice Shukla under Prevention of corruption act, 1988 alleging misconduct and judicial irregularities. 

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