Is it possible to arrest a judicial officer? It is an interesting question which many people have thought of. The Supreme Court in Delhi has given a well settled answer in the year 1991. It was stated that no person regarding his designation or rank would be left without punishment. He has to face the necessary consequences of violation of criminal law. Moreover, the Apex Court told that the judge, magistrate or other judicial officer is allowed to criminal prosecution just like a normal citizen. If the person belonging to such powers perform or indulge in any wrong activity, he will be treated just like a normal individual. There will no partialities expressed due to his position or powers.
What is the procedure to arrest a judicial officer?
In the same verdict, the court has listed the below-mentioned guidelines. It can be taken as a minimum safeguard which should be considered while arresting a judicial officer.
- If there is a scenario where the judicial officer has to be arrested for a particular offense, the arrest procedure should be carried out after informing the High Court or the District Judge or whoever is available.
- If circumstances and facts required an immediate capture of the judicial officer, then it should be informed to the Sessions and District Judge of that particular Chief Justice of High Court.
- The judicial officer will be provided with immediate facilities to communicate with his legal advisors, family members and also judicial officers that includes the Sessions and District Judge.
- There could not be any statement recorded or any medical examinations conducted or panchnama be imposed on the judicial officer. It is available only in the presence of another Judicial Office higher or equal rank or Legal Advisor of the concerned Judicial Officer, whichever is available.
- The Judicial Officer should not be treated harshly or violently. If violent actions are taken, then the person breaking the rules will be charged or suspended from the duty. In such cases, instant report should be sent to the Sessions and District Judge. The information should also be conveyed to the High Court Chief Justice.
- The entire burden will mostly fall on the police to establish necessary conditions for handcuffing and physical arrest of the Judicial Officer. If the Judicial Officer has been treated badly, the person conducting the action would be remain responsible for the damages and compensation. It will be determined and reported to the High Court.
Is it possible to arrest the judge in his office?
Yes! It is possible. It is possible to arrest any judicial officer, no matter whatever position or designation he is at present.
It is possible to do a formal or technical arrest if situations require immediate arrest of the judicial officer.
Will the judge be removed from the current position because of arrest?
No. The President of India appoints the high court judge. It is not possible to cancel the appointment of high court judge without conducting the impeachment process in the parliament.