FIR against judicial officers only with consent of CJs: SC
To maintain the independence of judiciary, the Supreme Court on Wednesday said the police can register FIRs against judicial officers for criminal conduct only with the prior consent of the Chief Justices of the concerned high courts.
Mar 20, 2025, 11:24 IST
A five-judge Constitution Bench headed by Justice G B Pattanaik said the consent of the Chief Justice would be required only when the criminal conduct of the judicial officer was "attributable to the discharge of his judicial duty or in purport thereof".
In a landmark decision aimed at preserving judicial independence and preventing frivolous litigation, the Supreme Court of India has ruled that First Information Reports (FIRs) against judicial officers can only be registered with the prior consent of the Chief Justice of the concerned court. This decision underscores the judiciary's commitment to maintaining its integrity while ensuring that allegations against judges are subjected to appropriate scrutiny.
The ruling addresses concerns that allowing FIRs to be filed against judges without proper oversight could lead to misuse of the legal process, potentially undermining the judiciary's autonomy. By requiring the Chief Justice's approval before proceeding with such complaints, the Supreme Court aims to balance accountability with the need to protect judges from unfounded accusations that could hinder their ability to perform their duties impartially.
This decision aligns with ongoing discussions about judicial accountability and the mechanisms necessary to address allegations of misconduct within the judiciary. Legal experts note that while judges must be held to high ethical standards, safeguards are essential to prevent the judicial process from being exploited for ulterior motives.
The Supreme Court's ruling is expected to have significant implications for how complaints against judicial officers are handled in the future, reinforcing the principle that the judiciary must be insulated from external pressures to function effectively and independently.