5/16/25, 11:51 AM Complaint Against Judges and Magistrates
([Link]
Complaint Against Judges And Magistrates
(Https://[Link]) / Complaint Against Judges And Magistrates
([Link]
Complaint Against Judges and Magistrates
Stages and Process to File a Complaint Against Judges and Magistrates
Stages to File a Complaint:
1. Preliminary Preparation:
– Gather Evidence: Collect all relevant evidence and documentation that supports the allegations
against the judge or magistrate.
Privacy - Terms
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– Consultation: It is advisable to consult with a legal expert to understand the viability of the complaint
and to get guidance on the procedure.
2. Drafting the Complaint: ([Link]
– Content: The complaint should be detailed, clearly stating the facts, instances of misconduct, and any
supporting evidence.
– Format: Follow the prescribed format if any, provided by the relevant authority (High Court, Supreme
Court, or Judicial Council).
3. Submission:
– Where to File: Complaints against judges and magistrates are usually submitted to the Chief Justice
of the High Court for state-level judges or the Chief Justice of India for Supreme Court judges.
Complaints against magistrates can be submitted to the District Judge or the Chief Justice of the High
Court.
– Method: Submit the complaint in writing, with all supporting documents attached. Some jurisdictions
may accept electronic submissions as well.
Process After Filing the Complaint:
1. Acknowledgment:
– Upon receipt, the authority (Chief Justice or Judicial Council) will acknowledge the complaint and
begin a preliminary review.
2. Preliminary Review:
– Initial Scrutiny: The complaint is reviewed to ascertain if it is frivolous or if it has merit.
– Clarification: The complainant may be asked to provide further details or clarifications if necessary.
3. Investigation:
– Committee Formation: A committee or designated authority may be formed to investigate the
allegations.
– Inquiry: The investigation will include reviewing evidence, hearing testimonies, and possibly
interviewing the judge or magistrate in question.
4. Report and Recommendations:
– Findings: The investigating committee will prepare a report detailing their findings.
– Recommendations: Based on the findings, recommendations will be made regarding the action to be
taken.
5. Decision:
– Authority Decision: The Chief Justice or relevant authority will decide on the appropriate action, which
may include disciplinary measures, reprimand, or even removal in extreme cases.
– Communication: The decision will be communicated to the complainant and the judge or magistrate
involved.
6. Follow-up:
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– Implementation: The recommended actions will be implemented.
– Appeal: The complainant or the judge/magistrate may have the right to appeal the decision to a
higher authority or court. ([Link]
Key Points:
– Confidentiality: The complaint process is usually confidential to protect the integrity of the judiciary
and the reputations of those involved.
– Timeliness: It is important to file the complaint promptly after the alleged misconduct.
– Professional Conduct: Complaints should be based on substantial evidence and genuine grievances
to avoid frivolous or malicious filings.
These stages ensure a structured and fair approach to addressing complaints against judges and
magistrates, maintaining the integrity of the judicial system while providing a mechanism for
accountability.
Guidelines of Grievances (Ref: [Link]
Judiciary is an independent organ of the State under the Constitution of India. Government of India
does not interfere in the functioning of the Judiciary.
The administrative/ disciplinary control over the members of subordinate judiciary in the States
vests with the concerned High Court and the respective State Government. The State Government
frames Rules and Regulation in consultation with the respective High Courts.
Central Government neither maintains records related to any court proceedings/ decisions /
judgments nor does it have and can have a mechanism to monitor the action taken on them.
No administrative action can be taken on a grievance; subject matter of which is subjudice.
Government cannot ask a Court of Law to expedite proceedings of any particular case. Therefore, no
action can be taken by the Government where the petitioner is aggrieved of the fact that there has
been inordinate delay in disposal of the case.
A judicial order can be challenged only before appropriate Court of Law as per prescribed legal
procedure. Therefore, it is a futile exercise to file a grievance against a judicial order/judgement.
A grievance regarding a complaint against a Judge can be taken up for inquiry by the concerned
High Court or Supreme Court as per in-house procedure adopted by them. There is no role of
Government in disposal of such grievances.
Detailed guidelines on grievances received in the Department of Justice are available on this
Department’s website [Link]. As per guidelines issued by the Supreme Court of India, grievances
against Judicial Officers are required to be sent on sworn affidavit with verifiable facts to the
Registrar General of the concerned High Court.
Petitions, applications and other documents to be filed before a Court of Law should not be
forwarded alongwith grievances as these are to be presented in person or by a duly authorised
agent or by an advocate on record duly appointed for the purpose.
As Judiciary is independent and Government does not interfere in the functioning of the Judiciary,
no further follow-up or correspondence is made by the Government after forwarding of grievance to
the concerned High Court or Supreme Court, as the case may be.
As the citizens can lodge their grievances online on pgportal no action is being taken on the
grievances received through e-mail. [Link] has been specifically created for lodging of
grievances by the citizens.
Once final reply is given on a grievance, it should not be repeated again.
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Advocate Paresh M Modi ([Link] advises you that all the facts in this blog
are based on our understanding and interpretation, for the truth and accuracy of all such matters you
may refer to the official website of the department, Government Circulars, Bar Council of India and
Supreme Court or So find a lawyer near you.
([Link]
Legal Words and Definitions
Disciplinary
Disciplinary refers to the actions or processes aimed at addressing misconduct or violations of
professional standards, ensuring accountability and adherence to ethical principles.
Action
Action signifies the steps or measures taken to address a situation, enforce laws, or rectify grievances,
ensuring accountability and justice in the concerned context.
Law
Law is a set of rules and principles enforced by a governing authority to regulate behavior, ensure
justice, and protect rights within a society.
Grievances
Grievances are formal complaints or disputes raised by individuals regarding perceived injustices,
seeking resolution through appropriate mechanisms.
Online
Online refers to activities or services conducted via the internet, such as filing complaints, accessing
legal resources, or participating in virtual meetings.
Unethical
Unethical describes actions or behavior that violate moral or professional standards, often leading to
disciplinary measures in legal or organizational contexts.
Partiality
Partiality denotes unfair bias or favoritism, undermining principles of equality and justice in decision-
making or legal proceedings.
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Injustice
Injustice occurs when rights are violated, laws are unfairly applied, or decisions deviate from principles
of fairness, often necessitating remedies through legal systems.
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Authority
Authority represents the power or legal right vested in individuals or bodies to make decisions, enforce
laws, or manage public affairs.
Power
Power is the capacity or ability to influence, enforce, or command within legal, organizational, or
societal structures.
Fight
Fight symbolizes efforts or actions to challenge wrongs, assert rights, or pursue justice, often through
legal or advocacy channels.
Challenge
A challenge involves questioning, opposing, or contesting decisions, policies, or actions, seeking
accountability or change.
Court
A court is a judicial institution where legal disputes are heard, evidence is examined, and judgments are
rendered to uphold justice.
Procedure
Procedure refers to the prescribed steps or methods followed in legal or organizational processes to
ensure systematic and fair outcomes.
Process
A process is a series of actions taken to achieve a specific outcome, such as filing a case, resolving
disputes, or implementing policies.
Stages
Stages represent the sequential steps in a process, such as legal proceedings, from filing complaints to
delivering judgments.
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Higher Authority
Higher Authority refers to senior officials or institutions empowered to review, oversee, or decide on
complex or escalated matters.
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Illegal
Illegal describes actions or activities that violate laws, attracting penalties, fines, or legal proceedings.
Legal
Legal pertains to actions or procedures aligned with laws and regulations, ensuring compliance and
justice.
Remedy
Remedy is the legal means to rectify a wrong or enforce a right, providing relief to affected parties.
Solution
Solution refers to resolving disputes, grievances, or challenges through effective and lawful measures.
Justice
Justice is the principle of fairness and equality, ensuring rights are protected and wrongs are corrected
through legal systems.
Complaint
A complaint is a formal expression of dissatisfaction or grievance, filed to seek resolution or
accountability.
Complainant
A complainant is the individual or entity that lodges a formal complaint to address a grievance or seek
justice.
Advocates
Advocates are legal professionals licensed to represent clients, provide legal advice, and argue cases
in courts.
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Lawyers
Lawyers are legal experts trained to offer advice, draft documents, and represent clients in legal
matters.
([Link]
Judges
Judges are appointed officials who preside over court proceedings, interpret laws, and deliver
judgments.
Magistrate
A magistrate is a judicial officer empowered to hear and decide on less serious cases and preliminary
legal matters.
Attorney
An attorney is a licensed legal practitioner authorized to represent clients and offer legal advice in
various jurisdictions.
Vakil
Vakil is a term used in India to describe a lawyer or advocate qualified to practice law and represent
clients.
Ahmedabad
Ahmedabad, a major city in Gujarat, India, is a hub for legal, administrative, and economic activities
with numerous law firms.
Officers
Officers are appointed individuals holding authority to execute duties in administrative, judicial, or law
enforcement domains.
Government
The government is an organized body that governs a nation or state, enacts laws, and manages public
resources.
Employee
An employee is an individual working for an organization, performing tasks under contractual or
statutory obligations.
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Vigilance
Vigilance involves monitoring for compliance and preventing misconduct, ensuring ethical practices in
organizations.
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Central Vigilance Commission
The Central Vigilance Commission (CVC) is India’s apex anti-corruption body, addressing
governmental misconduct and ensuring transparency.
Ministry of Home Affairs
The Ministry of Home Affairs handles internal security, border management, and law enforcement in
India.
Relevant Ministries
Relevant Ministries oversee specific governmental functions, such as justice, finance, or law
enforcement, ensuring effective governance.
Contact Advocate Paresh M Modi
Mobile: +91 9925002031 (Only WhatsApp sms – Timing 9 am to 9 pm)
Office Landline: +91-79-48001468 (For Appointment Only – Timing 10.30 am to 6.30 pm – On Working
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Website: [Link] ([Link]
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Office No. C/112, Supath-2 Complex, Opp. Kohinoor Plaza Hotel, Near Old Wadaj Bus Stand, Ashram Road,
Ahmedabad – 380013, Gujarat, India.
Advocate Paresh M Modi is Best Advocate in Ahmedabad, We know that legal action can sometimes be
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