prosecution of judges

Querist : Anonymous (Querist) 19 January 2010 This query is : Resolved
In a reference made by subordinate courts to High court for initiation of criminal contempt proceeding within the meaning of sec 2-c of contempt of court acts 1971; subordinate courts created false evidence in support of their reference? How can these judges be prosecuted for committing the offence of creating & giving false evidence before High court? whether any sanction is required u/s 197 crpc & a complaint is required by the court u/s 195 crpc? Can both of these provisions i.e. sec 197 & 195 crpc be ignored,while filling criminal complaint against those judges?

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B K Raghavendra Rao (Expert) 19 January 2010

Courts would sit over judgement. They hear the parties and render justice. There is no opportunity for a court to create an evidence, let alone false evidence. When the judges pass orders or references during the course of their legitimate duties, they are immune from any action against them. Hence, you cannot file a complaint against judges.

adv. rajeev ( rajoo ) (Expert) 20 January 2010
if you have got any evidence to show that Lower Courts have created false evidence then just you file a complaint to vigilence section of the High Court, they will make an enquiry, but you cannot file a complaint against the courts.