The Supreme Court has asked all the High Courts and subordinate judiciary not to entertain any complaint against a judicial officer unless it is accompanied by sworn affidavits and "verifiable material to substantiate the allegation".
Expressing concern over the large number of complaints being filed against subordinate judiciary by people having vested interest and personal agenda, the apex court has written letters to the courts below, saying that authenticity of the complaint must be ascertained before any action is taken on it.
Expressing concern over the large number of complaints being filed against subordinate judiciary by people having vested interest and personal agenda, the apex court has written letters to the courts below, saying that authenticity of the complaint must be ascertained before any action is taken on it.
"The complaint making allegations against members of subordinate judiciary in the States should not be entertained and no action should be taken on it, unless it is accompanied by the duly sworn affidavit and verifiable material to substantiate the allegation made therein," the circular, issued by the Delhi High Court to trial courts on the direction of the apex court, said.
"If an action on such complaint meeting the above requirement is deemed necessary, authenticity of the complaint should be duly ascertained and further steps thereon should be taken only after satisfaction of the competent authority designated by the Chief Justice of the High Court," it said.
As per the instruction, the HC has written letters to all subordinate courts and asked them to give wide publicity to the guidelines.
The concern of Supreme Court about frivolous complaints has boosted the morale of Judicial Officers. It is correct step taken in right direction to maintain independence of subordinate Judiciary.
ReplyDeleteCan the same ground is applicable to a Judicial officer against whom complaint is made by his subordinate staff.
ReplyDeleteThe Sc by giving these guidelines trying to avoid complaints against the judicial officers..The guidelines are having more restrictions on complaints...
ReplyDeleteRequirement of sworn affidavits is OK, it is good. But 'verifiable material' is somewhat nebulous. Till now prima facie allegations would suffice for registering a complaint (or FIR) etc. and even High Courts and Supreme Court were and are wary of petitions to quash the proceedings if they are satisfied of prima facie allegations and generally direct for proceeding with trial. Does this new direction change the matters for a 'new class' not legislatively indicated but pointed by judicial fiat?
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