Arrest and Detention of Judicial Officers
By
G. C. Singhvi
The Supreme Court (M/s. Justices K. N. Singh, Kuldip Singh and N. M. Kasliwal) on September 11, 1991, while disposing of contempt petitions against some Gujarat Police Officials, issued detailed guidelines to be followed by the police in the case of arrest and detention of a judicial officer. They have, in effect, said that though a Magistrate, Judge or any other judicial officer is liable to criminal prosecution for an offence like any other citizen, certain guidelines have to be followed in view of the paramount necessity of preserving the independence of the judiciary. These guidelines, it may be underscored, are law declared by the Supreme Court and as such, in accordance with Art. 141 of the Constitution of India, binding on all Courts (and inter alia on the police) within the territory of India.
In this article the author proposes to dwell a little on the guidelines with a view to ascertaining the extent to which these guidelines will tend to protect judicial officers ....