🌹Dear All,
Under the English Common Law which was the law prevailing in India when India became a Republic and which was adopted to be the law of the land under Article 372 (2) of the constitution, the judges of the superior courts enjoy absolute immunity from criminal as well as civil proceedings for whatever a judge does in the excersise of his judicial function, howsoever,illegal or malicious it could be, will not invest in the person injured any legal remedy;an exception to the concept that the law will not fail to provide a remedy for a man or woman who has suffered an injury.
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The doctrine of absolute "immunity" which a judge is considered to be invested with has increasingly been universally recognised to be antithetical to the concept that all power,whatsoever, excersised by, whomsoever, occupying a public office is a power excersised in discharge of a public trust and ,therefore, they being holders of the public trust are liable to account to the public for the abuse of power by them and that even the judges of the higher judiciary could be afforded no exception to the said democratic ethos. All democratic countries across the globe , save a few exceptions as ours, certain mechanism to secure judicial accountability was brought into existence. 😩😩😩😩👇👇👇Unfortunately, in our country absolutely nothing has been done in that direction .On the contrary, the SCI without any discussion, nay, in the most arbitrarily manner, by recourse to judicial dicta, ordered that no FIR could ever be registered even of heinous crimes punishable under the IPC;crimes which have nothing to do with the discharge of the judicial function by a judge;without the prior written permission of the CJI.😳😳😳😳👇An innocent man who had to remain incarcerated in jail for 7 years for no offence committed by him but because of the gross failure on the part of the judge concerned who had convicted him without affording a fair trial has ,am made to understand ,has initiated certain legal proceedings. I don't have the details of the action at the hands of the unfortunate man.🌹🌹🌹🌹🌹🌹🌹🌹👇👇👇👇😩.Securing of at least some semblance of Judicial accountability is one of the core agenda of the National Lawyers Campaign for Judicial Transparencym and Reforms.In the next meeting of the NLC, this issue will be included in the Agenda for discussion.
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P.S.
KINDLY JOIN THE NLC, STRENGTHEN THE JUDICIARY 🌹🌹🙏🙏
Mathews J Nedumpara, President, The National lawyers campaign for Judicial Transparency and Reforms.
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Saturday, 3 October 2015
STRENGTHEN THE JUDICIARY
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