FIR against Sitting Judge cannot be Sought via Writ: HC says Chief Justice’s Approval is mandatory

Today, the Delhi High Court has pulled up a litigant for seeking registration of an FIR against a judicial officer through a writ petition, clarifying that such action cannot be initiated without prior permission from the Chief Justice on the administrative side. The Court also raised concerns over the misuse of legal process and public dissemination of court proceedings, signalling stricter scrutiny of such attempts.

The case arose when a litigant approached the High Court alleging forgery in a judicial order and sought directions for FIR registration against the concerned judge. The plea was contested by the State and court administration, who pointed out that the order in question had already attained finality and that this crucial fact had been withheld. Further, objections were raised over the litigant uploading video recordings of court proceedings on YouTube, in violation of the applicable rules. The matter thus brought into focus both procedural impropriety and conduct undermining judicial discipline.

The Bench made it clear that initiating criminal proceedings against a sitting judicial officer follows a distinct legal route. It observed that “you have to seek permission of the Chief Justice… on the administrative side, not judicial side,” emphasising that a writ petition cannot be used to bypass this requirement. The Court also cautioned the litigant against uploading court proceedings online, remarking that such conduct is neither appropriate nor in the interest of the institution. The Court emphasised that criminal action against judges cannot be pursued through writ jurisdiction and must follow the prescribed administrative procedure with prior approval.

Consequently, the Bench declined to dispose of the matter at this stage and directed the State and other authorities to place relevant material on record before the next hearing scheduled for next Wednesday.

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