Right now I am not clear whether and how far this law protects retired judges of HC or SC.
But once there has been an extensive debate in Supreme Court on this issue.
CBI had materials to prove that one HC judge was guilty under Prevention of Corruption Act.
The question arose :
How to protect Judges against police and CBI's FIR or inquiries?
If you say that no protection is required, then each judge will be at mercy of each police and CBI inspector.
A false complaint can also be registered against judge to influence his decision in some other case where stakes may be of millions or where some big minister could be involved.
Ultimately, after debates over months, it was resolved like this:
The Investigating officer had to place such material or complaint before Chief Justice. Then Chief Justice decides whether investigating agency should be allowed to register FIR or not.
The purpose of this safeguard is to protect Independence of Judiciary and to allow judges to judge fearlessly and at the same time, to see that a guilty judge can also be prosecuted.
This debate was in SC many years ago. This article is from my remote recollections.
For exact knowledge, case law need to be examined.
Haresh Raichura
6/12/13
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