- er the Criminal Procedure Code (CrPC), 1973, police officers have the power to arrest any person suspected of a cognizable offense, including murder.
- However, judges enjoy certain immunities due to their position and the need to preserve judicial independence.
- Article 211 of the Constitution of India and various judicial precedents emphasize the need for prior permission from the appropriate authority (such as the High Court or Supreme Court) before arresting or prosecuting a sitting judge.
- The Supreme Court in cases like Subramanian Swamy v. State of Tamil Nadu held that to arrest a judge, prior approval from the Chief Justice or the High Court is necessary to avoid misuse of power.
- These safeguards ensure the separation of powers and prevent frivolous or politically motivated actions against judges.
Judgement
- A police officer cannot arrest a sitting judge without prior sanction or permission from the competent judicial authority.
- The police must seek approval from the Chief Justice or the concerned High Court before proceeding with arrest or investigation involving a judge.
- If such permission is granted, the police may lawfully arrest the judge.
- Therefore, while police have the general power to arrest, restrictions apply in the case of judges to protect judicial independence.