Supreme Court Issues Directions To Curb False And Frivolous Complaints Against Judicial Officers

The Supreme Court today issued directions on how High Courts should deal with complaints made against judicial officers of the district judiciary, drawing a distinction between false and frivolous complaints and those found to be prima facie true.

A bench of Justice JB Pardiwala and Justice KV Vishwanathan held that strict action must be taken against persons found to be filing or engineering false and frivolous complaints against members of the district judiciary. The Court said that such action should include, in appropriate cases, initiation of proceedings for contempt of court.

The Court further directed that where the person filing or engineering a false complaint is a member of the Bar, the High Court should, apart from initiating contempt proceedings, make a reference to the Bar Council concerned for disciplinary action.

“In case the person filing or engineering false and frivolous complaints is a recalcitrant member of the Bar, apart from proceeding with contempt reference to the Bar Council be made for disciplinary action. Bar Councils on receipt of such reference to dispose of the matter expeditiously.”

At the same time, the Court emphasised that there should be no tolerance where allegations of misconduct against a judicial officer are found to be prima facie true. It held that in such cases, prompt disciplinary proceedings must be initiated and no leniency should be shown if the charges are ultimately established.

The Court also clarified that in appropriate cases where criminal prosecution of a judicial officer is warranted, the High Court should not hesitate to have such prosecution initiated. It observed that this is necessary to weed out black sheep who sully the fair name of the judiciary.

“Equally, if the complaint of misconduct against a judicial officer is found to be prima facie true, prompt action to initiate disciplinary proceedings should be taken and no leniency should be shown if the charges are established. Not only this, in appropriate cases where criminal prosecution is warranted against the judicial officer the High Court should not hesitate to have the same initiated. That is the only way to weed out black sheep sullying the fair name of the judiciary”, the Court held.

However, the Court added that High Courts should be careful in initiating proceedings against judicial officers, and should not initiate such proceedings merely based on suspicion.

“It goes without saying that corruption in the Judiciary at any level is intolerable as corruption severely undermines the core of the administration of justice and erodes public trust in the rule of law. However, the High Court which is vested with the supervisory control keep in mind the judicial officer of the district judiciary works mostly in a charged atmosphere. A mere wrong order or wrong exercise of discretion in grant of bail by itself without anything more cannot be a ground to initiate departmental proceedings”, the Court stated.

Other reports about the judgment can be read here.