SAT PAUL KAGRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant petition filed under Article 226 of the Constitution prays for declaring the Judges (Protection) Act, 1985 (for brevity 'the Act') as ultra vires of the Constitution. It would be interesting to notice the prayer made by the petitioner in extenso which reads thus :

(2.) THE petitioner is a practicing Advocate of New Courts, Jalandhar. He filed a complaint on 27.10.2009 in the Court of Chief Judicial Magistrate, Jalandhar under Section 219 IPC levelling allegations against the District Judge. The Chief Judicial Magistrate did not entertain the complaint holding that it was not maintainable in view Section 3 of the Act (P.1). Against the order dated 27.10.2009 passed by the Chief Judicial Magistrate a separate petition under Section 482 Cr.P.C. has been filed. However, the instant petition has been filed seeking a declaration that the Act may also be declared unconstitutional. According to Section 3 of the Act an additional protection to Judges have been extended for any act committed or anything done by him in the course of acting or purporting to act in the discharge of his official/judicial duty or functions.