The Judges(Protection) Act, 1985
NO.59 OF 1985
[6th September, 1985.]
An Act for securing
additional protection for Judges and others acting Judicially and
for matters connected therewith.
BE it enacted by Parliament
in the Thirty-sixth Year of the Republic of India as
follows:--
1.Short
title and extent:--- (1) This Act may be called the Judges
(Protection) Act, 1985.
(2) It extends to the whole of India
except the State of Jammu and Kashmir.
2.Definition:- In this Act,
"Judge" means not only every person who is officially designated as
a Judge,but also every person-
who is empowered by law to
give in any legal proceeding a definitive judgement, or a judgment
which, if not appealed against, would be definitive, or a
judgment
which, if confirmed by some other authority, would be
definitive; or
(b) who is one of a body of persons which body
of persons is empowred by law to give such a judgment as is referred
to in clause (a).
3.Additional protection to
judges:- (1) Notwithstanding anything 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.
(2) Nothing in
sub-section (1) shall debar or affect in any manner the power of the
Central Government or the State Government or 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.
Comment:
Departmental proceedings may be initiated against a judicial or
quasi-judicial authority if there is prima-facie evidence of
misconduct on the part of the authority (1990) 13 ATC 192 (CAT)
(Delhi)
4.Saving:- The
provisions of this Act shal be in addition to, and not in derogation
of, the provisons of any other law for the time being in force
providing for protection
of Judges.