ORAL ORDER

Dt: 02.12.2021 (per Prashant Kumar Mishra, CJ)

This Suo Motu writ petition has been registered taking cognizance of a letter written by one Mr. S.Vamsi Krishna, son of Mr. S.Rama Krishna, a Junior Civil Judge (under suspension). At the time when cognizance of the contents of the letter was taken, the Judicial Officer was in jail and the main concern of his son was for shifting of his father from District Jail, Chittoor District, to another safe barrack.

2. The issue involved in this writ petition is with regard to arrest of a judicial officer without informing the High Court or the Chief Justice in compliance of the guidelines issued by the Supreme Court in the matter of Delhi Judicial Service Association Tis Hazari Court, Delhi v. State of Gujarat; Union of India; S.R. Sharma, Police Inspector, Nadiad1.

3. Sri A.Satya Prasad, learned senior counsel/Amicus Curiae submits that since after taking cognizance of this suo motu writ petition, Mr. S.Rama Krishna was already released on bail, the cause in the letter written by his son does not survive. Learned Amicus Curiae submits that there is violation of the guidelines issued by the Hon’ble Supreme Court in the matter of Delhi Judicial Service Association (1 supra) for which the State should be directed to be careful in future.

4. Mr. S.Sri Ram, learned Advocate General appearing for the respondent-State, fairly submits that there were certain lapses on the part of the concerned authority who ought to have taken proper care by informing the High Court before arresting a Judicial Officer (though under suspension). Learned Advocate General submits that the State shall issue a circular to all the District police authorities bringing it to their notice the guidelines issued by the Hon’ble Supreme Court.

5. In Delhi Judicial Service Association Tis Hazari Court, Delhi v. State of Gujarat; Union of India; S.R. Sharma, Police Inspector, Nadiad (1 supra), the Hon’ble Supreme Court has issued the following guidelines:

“(A) If a Judicial Officer is to be arrested for some offence, it should be done under intimation to the District Judge or the High Court as the case may be.

1 1991 Law Suit (SC) 441

(B) If facts and circumstances necessitate the immediate arrest of a Judicial Officer of the subordinate judiciary, a technical or formal arrest may be effected.

(C) The fact of such arrest should be immediately communicated to the District and Sessions Judge of the concerned District and the Chief Justice of the High Court.

(D) The Judicial Officer so arrested shall not be t</b></b>a</b>k</b>e</b></b>n</b></b></b> </b></b></b></b></b></b></b>t</b></b>o</b></b> </b></b></b></b></b></b></b>a</b> </b></b></b></b></b></b></b>Po</b></b>li</b></b></b>ce</b></b> </b></b></b></b></b></b></b>S</b>t</b></b>a</b>t</b></b>i</b></b></b>o</b></b>n</b></b></b>, </b></b></b></b></b></b></b>wi</b></b></b>t</b></b>h</b></b>o</b></b>u</b>t</b></b> </b></b></b></b></b></b></b>t</b></b>h</b></b>e</b></b> </b></b></b></b></b></b></b>pr</b></b>i</b></b></b>o</b></b>r</b></b> </b></b></b></b></b></b></b>o</b></b>r</b></b>de</b></b>r</b></b> </b></b></b></b></b></b></b>a</b>n</b></b></b>d/o</b></b>r</b></b> directions of the District & Sessions Judge of the concerned District, if available.

(E) Immediate facilities shall be provided to the Judicial Officer for communication with his family members, legal advisers and Judicial Officers, including the District & Sessions Judge.

(F) No statement of a Judicial Officer who is under arrest be recorded nor any panchanama be drawn up nor any medical tests be conducted except in the presence of the Legal Adviser of the Judicial Officer concerned or another Judicial Officer of equal or higher rank, if available.

(G) There should be no handcuffing of a Judicial Officer. If, however, violent resistance to arrest is offered or there is imminent need to effect physical arrest in order to avert danger to life and limb, the person resisting arrest may be over-powered and handcuffed. In s