No FIR can be filed against a judge: Supreme Court

SC bench headed by Arun J Misra in their judgment have said, “There cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and, in case there is an allegation against Hon’ble Chief Justice of India, the decision has to be taken by the Hon’ble President, in accordance with the procedure prescribed”

It all started when the matter pertaining to an alleged bribery scam in which retired Orissa High Court Judge IM Quddusi was arrested, among others, and the Central Bureau of Investigation (CBI) lodged an FIR. The FIR said, Quddusi allegedly used his influence to help Uttar Pradesh-based Prasad Education Trust in “settling” a matter involving their plea to set up medical colleges pending in the Supreme Court.

The Trust owned one of the 46 medical colleges barred by the central government from admitting students. The accused were subsequently granted bail, but the same was not challenged by CBI. Following granting of the bail, two parties (advocate Kamini Jaiswal and the NGO Campaign for Judicial Accountability and Reforms represented by Bhushan) filed a Public …read more