Court dismisses suit against SHC judge due to judicial immunity

KARACHI : A civil court in Karachi has dismissed a Rs20 million damages suit against a Sindh High Court judge, observing that judicial officers are immune from being sued under the Judicial Officers' Protection Act, 1850.

A man sought Rs20 million in damages for "mental torture and wastage of time and money" after the SHC judge dismissed his civil suit for recovery of damages from his former wife and others.

Senior Civil Judge (South) Syed Anwer Ali Shah noted that there appeared to be a dispute regarding matrimonial affairs between the plaintiff and his ex-wife and later an FIR was lodged against him on the complaint of her aunt. However, a sessionscourt acquitted the plaintiff on September 28, 2016.

Subsequently, the judge said that the man filed a civil suit against his ex-wife and others for the recovery of damages on account of malicious prosecution, which was dismissed by the Sindh High Court on January 21, 2025. The plaintiff had also filed an appeal against the impugned judgement before the SHC, which was pending. He said that a degree of immunity stood conferred on judges and judicial officers in terms of Section-1 of the Judicial Officers' Protection Act, 1850.

The section provides: “No Judge, Magistrate, Justice of the Peace, Collector or other person acting judicially shall be liable to be sued in any Civil Court for any act done or ordered to be done by him in the discharge of his judicial duty, whether or not within the limits of his jurisdiction.”

The judge observed, “This section contains the common law, rule of immunity of judges which is based on the principle that a person holding a judicial office should be in a position to discharge his functions with complete independence and, what is more important, without there being in his mind fear of consequences.”

“I am of the view that this court has no jurisdiction to entertain the above suit which is barred under Section-1 of the Judicial Officers' Protection Act, 1850, which invites to provision under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908, therefore, plaint is hereby rejected accordingly, in limini,” he ruled.