Karnataka High Court takes up suo motu case to protect judicial officer

The Karnataka High Court on Tuesday registered a suo motu criminal petition for quashing a private complaint filed against a sitting judge in Ballari district.

Chief Justice Abhay Shreeniwas Oka directed the Registrar General to place the petition for hearing before the first court.

One C M Manjunath had filed a private complaint against Vijayakumar J S, Civil and JMFC Judge in Ballari district, and nine others for the offences punishable under sections 166, 205 120 (A), 211, 219 and 499 of IPC.

The Civil and JMFC Judge has been shown as accused number one in the private complaint. Based on the private complaint, the court of Principal District and Sessions Judge in Ballari had posted for sworn statement of the complainant.

Before filing the private complaint, Manjunath had written a letter to the Chief Justice with grievances on the administrative side. The grievance was about the alleged statement made by Judge Vijayakumar J S, while remanding Manjunath to 14-day custody in a case.

There was also another grievance about dismissal of his protest petition during the remand proceedings. In response to the complaint, the secretary to the Chief Justice had replied to Manjunath, stating that the remedy available for him was on the judicial side. However, Manjunath has mentioned this letter from the office of the Chief Justice as a permission to prosecute the judge.

The Chief Justice observed that the private complaint could not have been entertained in view of absolute protection granted to the judicial officers.

"In view of the absolute protection granted to the judicial officers under section 3 (1) of Judges (protection) Act 1985, the complaint could not have been entertained and registered as against a judicial officer,’’ the Chief Justice said.

The Chief Justice directed the Registrar General to register suo motu criminal petition under section 482 of CrPC (saving of inherent powers of High Court), seeking to quash the proceedings against the judge in the private complaint. The hearing has been posted to July 27.