A three-judge Bench, headed by Justice B.R. Gavai, will examine the issue on Thursday. The Supreme Court has taken suo motu notice of the Lokpal’s directive to investigate High Court judges. This development raises significant legal and constitutional questions. The hearing is expected to clarify the scope of Lokpal’s jurisdiction over the judiciary.
New Delhi: Three weeks after the Lokpal affirmed its authority to investigate corruption complaints against sitting High Court judges, the Supreme Court took suo motu cognizance of the issue on Wednesday.
The matter is scheduled for hearing before a Bench comprising Justice BR Gavai, Justice Surya Kant, and Justice Abhay S Oka on Thursday.
In its January 27 order, a Lokpal Bench led by Justice AM Khanwilkar stated,
“We make it amply clear that by this order we have decided a singular issue finally as to whether the judges of the High Court established by an Act of Parliament come within the ambit of Section 14 of the Act of 2013, in the affirmative. No more and no less. In that, we have not looked into or examined the merits of the allegations at all.”
The Lokpal, while not commenting on the merits of the case, forwarded the complaint against the High Court judge to the Chief Justice of India for guidance.
It noted that a High Court judge qualifies as a person in a body established by an Act of Parliament under Section 14(1)(f) of the Lokpal Act. Since the relevant High Court was created for a newly formed state by an Act of Parliament, it falls under Section 14(1)(4), according to the Lokpal.
The Lokpal added,
“It will be too naive to argue that a Judge of a High Court will not come within the ambit of expression ‘any person’ in clause (f) of Section 14(1) of the Act of 2013,”
While addressing a complaint that alleged a High Court judge influenced an Additional District Judge and another High Court judge in favor of a private company that was previously a client of the judge when he was an advocate.
Also Read: Lokpal Day | CJI Sanjiv Khanna to Attend Inaugural Event As Chief Guest on January 16
Previously, the Lokpal had ruled that it lacked jurisdiction over the Chief Justice of India or a Supreme Court judge, as the Supreme Court is not a body established by an Act of Parliament.
Lokpal is an anti-corruption investigating body in India that investigates complaints against public officials, including the Prime Minister, ministers, and other government functionaries. It was established under the Lokpal and Lokayuktas Act, 2013, to eradicate corruption at the highest levels of government.
The Supreme Court has taken up the matter on its own to examine whether the Lokpal has the power to investigate sitting High Court judges. This follows the Lokpal’s order on January 27. A bench of Justices B.R. Gavai, Surya Kant, and Abhay S. Oka will hear the case on February 20, 2025.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
