A Gurugram court has dismissed a civil suit filed by Haryana IPS officer Krishan Kumar Rao, seeking damages and compensation against Additional District and Sessions Judge Amit Sahrawat. The suit arose from alleged defamatory remarks made by the judge in a 2022 anticipatory bail order for another IPS officer, Dheeraj Kumar Setia, implicated in the high-profile Gurugram multicrore theft case.
Judge Sahrawat’s remarks, made during the anticipatory bail proceedings, suggested that gangsters and kingpins had visited the Deputy Commissioner of Police’s office with cash bags while Rao, then the Commissioner of Police in Gurugram, remained unaware. Rao claimed the remarks were uncalled for, defamatory, and unrelated to the adjudication of the bail matter.
Rao argued that these comments unfairly targeted his professional conduct, causing reputational damage. However, the Punjab and Haryana High Court had already expunged the remarks on September 4, 2023, following Rao’s petition.
In dismissing the suit, Additional Civil Judge Vikram Jit Singh cited the Judges Protection Act, 1985, which provides immunity to judges from civil or criminal proceedings for acts performed in their judicial capacity. “No court can entertain a suit against a judge for any word, action, or decision made in good faith during the discharge of their judicial duties,” stated the court.
The court emphasised that this immunity extends across the judiciary, protecting trial judges and members of higher courts. However, it clarified that the protection does not apply if a judge acts outside their judicial capacity or engages in corrupt practices.
The theft case, which surfaced in 2021, involves 26 accused, including doctors, police officials, and gangsters, with allegations of substantial cash transactions linked to the crime. Rao, now serving as Additional Director General of Police (ADGP), Rohtak Range, was Commissioner of Police in Gurugram when the case unfolded.
