Law:

Section:

(a) Judicial Officers' Protection Act (XVIII of 1850)­Expungement of High Court's observations in regard to counsel in in writ petition-"Judicial" act - Proceedings in writ jurisdiction have full immunity granted by Judicial Officers' Protection Act, 1850-Rights or wrongs arising out of such observations can be canvassed in appeal before Supreme Court-"Judicial", scope of term-No impropriety in a Judge including in observations about "quality" of counsel's assistance-Such observations may be favourable or unfavourable ­Expression of opinion must, however, be a "judicial" act, "passed on matters of fact satisfactorily found" (per Cornelius, C. J., Fazle-Akbar, Hamoodur Rahman, Yaqub Ali, JJ., agreeing; S. A. Rahman, J. agreeing with a reservation). Held, that with respect to all matters transpiring in the course of the proceedings, in writ jurisdiction of the High Court, it was within the judicial power of the Full Bench to declare its opinion judicially. There can be no question, but that every act performed by the Full Bench in the conduct of the proceedings from the commencement of the hearing up to the pronouncement of the final was an act done in discharge of judicial duty, and as such enjoyed the full immunity granted by the Judicial Officers Protection Act, 1850 against liability to be sued in any Civil Court . . . . . The rights and wrongs arising out of the observation complained of therefore were matters which can only be canvassed in appeal before the Supreme Court. "The term 'judicial' does not, necessarily, mean acts of a Judge, or legal tribunal, sitting for the determination of matters of law; but, for the purpose of this question a `judicial' act seems to be an act done by competent authority upon consideration of facts and circumstances and imposing liability or affecting the rights of others." Stroud's Judicial Dictionary, 3rd Edn., Vol. 2, p. 1540. It is not only the gravity of the consequences that can determine the question whether the Chief Justice was within his rights in passing the un-favourable opinion which was sought to be expunged from the record of the High Court . . . . It was a judicial act, and there was no impropriety in a Judge…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492