Mumbai: A petition has been filed in the Bombay High Court challenging the "absolute immunity" conferred upon the judges from civil or criminal proceedings, as provided under the Judges (Protection) Act, 1985.
The petition has been filed by Sabina Lakdawala, the estranged wife of renowned builder Ejaz Lakdawala, who died in prison last year owing to illness. She has sought a limited relief by striking down section 3 of the Act, to the extent that such immunity isn't provided to judges, if they act maliciously and wilfully deny justice to anyone.
Sabina has claimed that this provision grants "absolute immunity" to the judges, even when they act "maliciously and wilfully deny justice; on extraneous and corrupt considerations."
Notably, section 3 of the Act, states that no court can entertain civil, criminal proceedings against a judge for his or her acts or words spoken by him or her while performing official duty as a judge. But it allows the Supreme Court, High Courts, the Union government and also the state governments to take such action against a judge.
In her plea, Sabina has claimed that she cannot seek any damage or institute criminal proceedings against the Magistrate of Bandra court, who wilfully denied justice to her. She is basically aggrieved with the Magistrate denying her ex parte or interim relief against her in-laws in a Domestic Violence plaint, that she filed before the court.
According to Sabina, she had moved the Magistrate’s court last October, seeking relief against her in-laws, after the demise of her husband. However, the Magistrate, who was seized with her plea, didn't pass any orders and instead went on for Diwali leave after which she petitioned the HC, which had ordered the Magistrate to pass orders.
Despite this, the Magistrate didn't pass orders and instead granted time to her in-laws to file counter claims.
The petition claims that only allowing the government or higher judiciary to act against such judicial officers, robs citizens' cherished right to seek accountability.
"Equality before law and equal protection of law is the core of our constitution. To vest in the judges and magistrates, absolute immunity even when they act maliciously and wilfully deny justice on corrupt and extraneous considerations, is against the very foundation of our constitutional ethos, equality," she has argued in her plea.
