Can't file FIR against judge via writ plea, says Delhi High Court

Delhi HC questioned a litigant's plea for an FIR against a judge, clarifying that under SC rules, it requires prior approval from the Chief Justice. The court stated a writ petition is not the correct procedure and warned against posting videos online.

The Delhi High Court on Wednesday questioned a litigant who filed a plea seeking permission to register an FIR against a judicial officer over alleged forgery in an order.

Court Clarifies Legal Procedure

A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said that under Supreme Court rules, an FIR against a sitting judge can be filed only after taking approval from the Chief Justice on the administrative side. The Court said this cannot be done through a writ petition.

The judges also clarified that filing a complaint and seeking permission for an FIR are two different things. Even if a complaint is pending, separate approval is needed to lodge an FIR.

Litigant Warned Over Social Media Post

The Court further objected to the litigant uploading a video of the hearing on YouTube and warned him not to share court proceedings on social media.

State Counsel Opposes Plea

Counsel for the State and Delhi Police, Sanjeev Bhandari, opposed the plea and said important facts were hidden. He told the Court that the order had already been challenged earlier. He also said posting court videos goes against the rules.

Court Adjourns Matter

The Court advised the lawyer to follow proper procedure and stay neutral while arguing. It has asked authorities to file records and will hear the matter again next week.

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