# officers, including the District and Sessions Judge

- **Citation:** C.L. No. 38/Admn.(G)
- **Court:** Allahabad High Court
- **Decided:** 1994-04-12
- **Case number:** C.L. No. 38/Admn.(G)
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/officers-including-the-district-and-sessions-judge-163651
- **Pages:** 1

## Text

382
(e)
Immediate facilities shall be provided to the Judicial Officer for
communication with his family members, legal advisers and judicial
officers, including the District and Sessions Judge.
(f)
No statement of a judicial officer who is under arrest be recorded nor any
panchnama be drawn up nor any medical tests be conducted except in the
presence of the Legal Adviser of the Judicial Officers concerned or
another judicial officers of equal or higher rank, if available.
(g)
There should be no handcuffing of a judicial officer. If, however, violent
resistance to arrest is offered or there is imminent need to effect physical
arrest in order to avert danger to life and limb, the persons resisting arrest
may be over powered and handcuffed. In such a case, immediate report
shall be made to the District and Sessions Judge concerned and also to the
Chief Justice of the High Court. But the burden would be on the police to
establish the necessity for effecting physical arrest and handcuffing the
judicial officer and if it is established that the physical arrest and
handcuffing of the judicial officers was unjustified, the police officers
causing or responsible for such arrest and handcuffing would be guilty of
misconduct and would also be personally liable for compensation and/or
damages as may be summarily determined by the High Court.
2.
The above guidelines are not exhaustive but those are minimum safeguards,
which must be observed in case of arrest of a judicial officer. These guidelines should be
implemented by the State Government.
3.
The State Government/Union Territories Administration are requested to bring
these guidelines to the notice of the concerned officers for compliance. A copy of the
instructions issued by the States/ Union Territories may also be forwarded to this
Ministry.
60.
CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986
C.L. No. 38/Admn.(G) VIIf-256 dated April 12, 1994
(i)
Imposing of lower penalties than those prescribed under the Child Labour
(P&R) Act, 1986.
It has come to the notice of the Court that Sections 14 and 15 of the Child Labour
(P&R) Act, 1986 are not being complied with properly.
The Court has, therefore, been pleased to direct you to impress upon all the
Presiding Officers working under you to make proper compliance of Sections 14 and 15
of the Child Labour (P&R) Act, 1986 while awarding punishment in cases concerning
Child Labour Prohibition and Regulation Act, 1986.
61. COMMUNICATION OF ORDERS OF SUPREME COURT
C.L. No. 68/VIIb-47/Admn.(G) dated July 6, 1990
(i) Communication of orders of Supreme Court of India in Criminal matters
I am directed to enclose herewith a copy of D.O. letter No. l/89-C/Registrar (J),
dated June 18, 1990, on the above subject, and to say that in order to prevent fake and