CPCCrPCJudicial ExamLegal Notes

Can a Judicial Officer be arrested?

 

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Subject to circumstances and condition mentioned below, Judicial Officer can be arrested.

Guidelines to arrest Judicial Officer

In Delhi Judicial Services Assn. v. State of Gujarat, 1991 (4) SCC 406, it was held that if a judicial officer is arrested then following guidelines should be followed..

  1. It should be done under intimation to the district Judge or the High Court
  2. If it is necessary to arrest him immediately then a technical or formal arrest may be affected.
  3. This fact should be immediately communicated to the District, Session Judge and Chief Justice of the High Court.
  4. Judicial officer shall not be taken to police station without order/direction of the District and Session Judge.
  5. Immediate facility should be provided to communicate with family members; legal advisors Judicial Officer’s including the District and Session Judge.
  6. No Statement, no panchnama, no medical test can be conducted without the presence of legal advisor or another judicial officer of similar or higher rank.
  7. No hand cuffing of Judicial Officer is permissible but if resistance is there or to avert danger to the right or limb of the arresting person than hand cuffing may be done.

Thus in brief it can be said that, generally there is no arrest of a judicial officer without the order or intimation of the District Judge, or the High Court but if it is not necessary he should not be taken to police station. He should not be hand cuffed and should be allowed to communicate with legal advisor and family members.

 

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