Deepak Khosla, a petitioner in the Shimla high court, asked for compensation of Rs 1 crore from two sitting judicial officers, police personnel, public prosecutors and McDonalds managing director Vikram Bakshi. Khosla alleged he had been “framed” in baseless criminal proceedings, resulting in substantial injury to his reputation.
The Times of India reported:
“The petitioner in court stated that no mala fides was being alleged against two judges of a district court arrayed by name in the application but alleges ‘implied malice’ resulting from their negligence in diligently perusing the case materials before them in which Khosla is an accused.
[…] taking up the application moved under Section 482 of CrPC, Chief Justice A M Khanwilkar heading the bench with Justice Kuldip Singh after issuing a stern warning to petitioner Deepak Khosla about the nature of the relief sought, (compensation of Rs 1 Cr) said in the open court that in all his career in the bar or as a judge he had not come across any such case where judges were intended to be sued.
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If you were a lawyer worth your salt, you would assuredly have been more curious how a Judicial Officer can be sued for acts done in his judicial capacity.
Suppose your client wants to sue "for being at the receiving end of a Judge for a long time now" : what advice would you give him, O Learned One ?
To come to me ?
Jeez......
To cut to the chase, I don't see how even a half-baked lawyer can fail to appreciate the case of Adv. Khosla on a prima facie basis, in light of the news reports / facts. Now that the Hon'ble HP HC has agreed to consider the case on merits, will you eat your hat for labelling it as an "antic"?
We all know about the various antics in Indian courtrooms and it is an unfortunate fact that judges sometimes do not care to apply their mind, for whatever reasons, even in criminal cases where liberty of an individual is at stake. Why shouldn't the judges be accountable for any instance of deliberate disregard for the law which they pledge to uphold? How else will the lower judiciary become aware of its basic duty, which it may continue to ignore in the absence of a wake-up call?
As a lawyer, I will refrain from slinging mud at our judiciary, but I cannot help but admire Adv. Khosla for his brave and decisive act.
@ Adv. Khosla: Few people have the spine and b@ll$ to fight, or even speak openly about issues like these. Respect.
And if you want to know about some other comments on a similar post (non-lawyers, of course), try this link : articles.timesofindia.indiatimes.com/2013-07-13/india/40553145_1_judicial-officers-deepak-khosla-district-court.
And this post : www.barandbench.com/comment/42723.
Not that those comments are right. But they are an interesting counter-point. Wouldn't you agree ?
P.S. Smile when you type....!!!!
Who will bell the cat? Adv. Khsola seems to be the answer!
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