No court can entertain civil or criminal proceedings against any person who is or was judge for any Act: Court
JKUT (Jammu), August-20-2021-( JNF):- 1st Additional Sessions Judge Srinagar Ajay Gupta while dismissing an application filed by Prof Abdul Gani Bhat seeking initiation of the contempt proceedings against Special Mobile Magistrate (Sub-Judge) District Court Srinagar, observed that no court can entertain or continue in civil or criminal proceedings against any person who is or was judge for any Act.
Court while dismissing the application observed that it is clear that whatever order has been passed by the Presiding Officer, same have been passed during the proceedings in the case.
Court observed that in view of Section 3 of the Judges (Protection) Act, 1985, no court can entertain or continue in civil or criminal proceedings against any person who is or was judge for any Act. The relevant Section is reproduced here in below that Additional protection to Judges.- (1) Notwithstanding any contained in any other law for the time being in force and subject to the provisions of sub-section (2), no court shall entertain or continue any civil or criminal proceeding against any person who is or was a Judge for any act, thing or word committed, done or spoken by him when, or in the course of, acting or purporting to act in the discharge of his official or judicial duty or function.
Nothing in sub-section (1) shall debar or affect in any manner the power of the Central Government or the State Government of the Supreme Court of India or any High Court or any other authority under any law for the time being in force to take such action (whether by way of civil, criminal, or departmental proceedings or otherwise) against any person who is or was a Judge.”
Court observed that in view of Section 3 of the said Act this court has no power to entertain or continue the proceedings against the respondent i.,e Special Mobile Magistrate (JMIC), Srinagar .As such the present petition is accordingly dismissed. JNF