The Supreme Court will decide on March 18 whether the Lokpal can handle complaints against sitting high court judges. The case raises serious questions about judicial independence and the scope of the Lokpal’s powers.
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NEW DELHI: The Supreme Court will hear a case on March 18 about its earlier decision to stop the Lokpal from handling complaints against sitting high court judges.
This is an important case, and the court itself took notice of it.
A bench of 3 judges- Justice B R Gavai, Justice Surya Kant, and Justice Abhay S Oka, will listen to the matter.
The Supreme Court started looking into this case after the Lokpal issued an order on January 27. When the court discussed this issue on February 20, it decided to put a hold on the Lokpal’s decision.
The court found it to be “something very, very disturbing” because it raised concerns about the independence of the judiciary.
The Supreme Court also sent a notice to the central government, the Lokpal registrar, and the person who had filed the complaint against a sitting high court judge. It asked them to provide their responses.
Solicitor General Tushar Mehta, who represented the central government, said that under the Lokpal and Lokayuktas Act, 2013, a high court judge does not fall under the Lokpal’s jurisdiction.
The Supreme Court also issued an order regarding the complaints made against the sitting high court judge. It directed that the complainant must not reveal the judge’s name and should keep the complaint confidential.
The Lokpal had issued its order in response to two complaints against an additional judge of a high court. The complaints alleged that the judge had influenced another additional district judge and a high court judge. These judges were supposed to decide a case against the complainant, which was filed by a private company.
The complainant further alleged that this private company had previously been a client of the high court judge when he was working as a lawyer before becoming a judge.
The Lokpal then directed that all documents related to these complaints be sent to the Chief Justice of India for his consideration.
“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,”
-said the Lokpal bench headed by Justice A M Khanwilkar on January 27.
The Lokpal also 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 order further mentioned that it would be “too naive” to say that a high court judge does not come under the meaning of “any person” as mentioned in clause (f) of section 14 (1) of the 2013 Act.
This case is crucial as it deals with whether the Lokpal has the authority to entertain complaints against sitting high court judges. The Supreme Court’s decision will clarify this legal issue.
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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