The Supreme Court said Today (April 30) it will hear in July if Lokpal can examine complaints against sitting High Court judges. The case raises serious questions about judicial independence and anti-corruption powers.
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NEW DELHI: The Supreme Court of India on Wednesday agreed to hear in July the arguments about an important issue. This case is about the order passed by the anti-corruption body Lokpal, which had decided to check complaints against sitting judges of the High Court.
Justice B R Gavai, who was leading a special bench with Justices Surya Kant and Abhay S Oka, said this case will need to be sent to a different bench.
Justice Oka remarked,
“It is something for the chief justice to decide,”
and added,
“it is a matter of propriety.”
Justice Gavai also said,
“We will have it somewhere in July.”
This case started when the top court took up the matter on its own after Lokpal, on January 27, ordered an inquiry based on two complaints. These complaints were made against a sitting additional judge of a High Court.
The complaints claimed that the judge tried to influence an additional district judge in the state and another judge from the same High Court.
This was reportedly done to help a private company win a case that the company had filed against the person who complained. According to the complaint, this company was earlier a client of the High Court judge when he used to work as a lawyer.
On February 20, the Supreme Court had put a hold on Lokpal’s order, saying it was “something very, very disturbing” and that it raised concerns about the independence of the judiciary. The court then sent notices and asked for responses from the Central Government, the Lokpal registrar, and the person who had filed the complaint.
When the case was heard again on March 18, the Supreme Court said it will look into whether Lokpal actually has the power (jurisdiction) to accept complaints against sitting High Court judges. The court also asked senior advocate Ranjit Kumar to help as an amicus curiae (a friend of the court) in this matter.
During the hearing, Solicitor General Tushar Mehta, who appeared for the Centre, said that a High Court judge
“would never fall within the ambit of the Lokpal and Lokayuktas Act, 2013.”
In its order, Lokpal had said that the complaints and related papers will be sent to the Chief Justice of India for his opinion.
The Lokpal bench, led by Justice A M Khanwilkar on January 27, said,
“Awaiting the guidance of the Chief Justice of India, consideration of these complaints, for the time being, is deferred until four weeks from today, keeping in mind the statutory time frame to dispose of the complaint in terms of Section 20 (4) of the Act of 2013.”
Lokpal also made it clear by stating,
“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.”
Further, the Lokpal noted in its order that it would be “too naive” to say that a High Court judge does not come under the meaning of the words “any person” mentioned in clause (f) of section 14 (1) of the 2013 Act.
Now, this sensitive matter, which touches the question of judicial independence and the reach of anti-corruption laws, will be carefully heard by the Supreme Court in July. All eyes will be on the court’s decision, which could set a big precedent for future cases involving sitting judges and anti-corruption bodies.
CASE TITLE:
IN RE : ORDER DATED 27/01/2025 PASSED BY LOKPAL OF INDIA AND ANCILLIARY ISSUES
SMW(C) No. 2/2025
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