Mir HASSAN KALHORO vs MUHAMMAD CHUTTAL alias IMRAN S — 2022 PLD 165 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 165 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: Mir HASSAN KALHORO vs MUHAMMAD CHUTTAL alias IMRAN S
Subject matter: Criminal
Provisions referred to: S. 197---P; S. 77---J; S. 1---P; Penal Code (XLV of 1860); Protection Act (XVIII of 1850); Protection Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mir HASSAN KALHORO VS MUHAMMAD CHUTTAL alias IMRAN S. 197---Penal Code (XLV of 1860), S. 77---Judicial Officers' Protection Act (XVIII of 1850), S. 1---Prosecution of Judges and public servants---Act of Judge when acting judicially---Non-liability to suit of officers acting judicially, for official acts done in good faith, and of officers executing warrants and orders---Scope---Complaint was that complainant was called as an official witness for production of revenue record in respect of some property and when he could not produce certain documents, he sought time to bring the record but the Senior Civil Judge became furious, abused him, called the police and got him handcuffed and kept him in police custody for two hours---Complaint was dismissed by the Magistrate being coram non judice---Revisional Court allowed the revision and directed entertainment of complaint---Validity---No criminal case could be initiated against a judicial officer in discharge of his judicial duty, and if a criminal case was intended to be initiated against a judicial officer, the same could only be done with the previous sanction, which was never obtained by the respondent---Judicial officer enjoyed protection and immunity not only under the universal principles of jurisprudence but a thick blanket of cover was available to him under the Judicial Officer's Protection Act, 1850---High Court observed that action of complainant amounted to hindering the independence of judiciary, which itself was an offence---Higher authority of complainant was directed to initiate disciplinary proceedings against him and he was directed to be transferred from the district with immediate effect---Applications were allowed and the impugned order was set aside.

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