Thane News: 'Judges Cannot Be Prosecuted For Judicial Acts,' Says Special Court
A special court ruled that judges are protected from criminal proceedings for judicial orders passed in official capacity and rejected a plea seeking a corruption case against two Thane sessions judges, holding the allegations vague and lacking prima facie evidence.
A special court rejects a plea seeking registration of a corruption case against judicial officers posted at the Thane sessions court | Representational Image
Mumbai, Dec 22: A judge is protected from criminal proceedings for any judicial order passed in the course of official judicial functions, a special judge hearing a corruption case observed while rejecting a plea seeking registration of a case against two judicial officers posted at the Thane Sessions Court.
Complainant Alleges Corruption By Judicial Officers
Bhayander resident Brijesh Sharma had approached the special court for corruption cases against two sessions judges, claiming that the judges had allegedly “passed judicial orders contrary to law by using their position and taking bribes.”
Special Judge Finds Plea Beyond Court’s Jurisdiction
While dealing with the applications filed by Sharma, Special Judge Shayana Patil noted, “The contention, regarding the merits of judicial order passed by the judge, is beyond the scope of jurisdiction of this court. The complainant has tried to advance the argument for registration of Zero FIR with ACB, Mumbai, as the respondent has connections with ACB, Thane.”
Zero FIR Argument Rejected By Court
The court further said, “The argument cannot be sustained as it is not the case that the victim, i.e. the complainant, resides within the jurisdiction of ACB, Mumbai. The complaint reveals his residential address within district Thane. There is nothing to believe that the respondent has any nexus with the ACB, Thane, as it is supposed to be an independent investigating agency.”
Court Finds No Substantial Allegations Of Corruption
Regarding the allegations of corruption, the court noted that the claims are based on what the complainant had “reliably heard, understood and reasonably believed,” which, the court said, cannot be treated as substantial allegations or contentions.
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No Prima Facie Case Under Prevention Of Corruption Act
The court observed, “Under the circumstances, it needs to be observed that the allegations are vague and do not make out any prima facie case of disclosure of information of any cognisable offence under the Prevention of Corruption Act,” rejecting the applications.
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