The Lokpal passed its order on January 27 while dealing with two complaints against a High Court judge. The complaints alleged that the judge had influenced an Additional District Judge and another High Court judge in a case.
NEW DELHI: Today, 20th Feb, The Supreme Court has put a stay on a recent order passed by the Lokpal, which had ruled that complaints against High Court judges can be heard under the Lokpal and Lokayuktas Act, 2013.
A bench consisting of Justices BR Gavai, Surya Kant, and Abhay S Oka issued a notice to the Union of India and the Registrar of Lokpal regarding this matter.
Justice BR Gavai, expressing concern over the issue, remarked, “Something very very disturbing.”
What Was the Lokpal’s Decision?
The Lokpal had passed its order on January 27 while dealing with two complaints against a High Court judge. The complaints alleged that the judge had influenced an Additional District Judge and another High Court judge in a case.
In its ruling, the Lokpal 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 complaints were also sent to the Chief Justice of India (CJI) by the Lokpal.
Solicitor General Tushar Mehta, appearing for the Central government, argued that High Court judges do not come under the scope of the Lokpal and Lokayuktas Act, 2013.
Senior Advocate Kapil Sibal also intervened and expressed serious concern over the ruling, stating, “The ruling was exceptionally disturbing.”
The Lokpal’s Full Bench, led by Justice AM Khanwilkar, concluded that a High Court judge fits the definition of a ‘public servant‘ and that the Lokpal and Lokayuktas Act, 2013 does not specifically exclude judges.
However, before taking further action, the Lokpal decided to seek guidance from the Chief Justice of India (CJI) on the matter. Until then, the complaints were put on hold.
“Awaiting the guidance of the Hon’ble 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,”
the Lokpal said in its order.
Notably, before making its decision public, the Lokpal removed the name of the High Court and the judge mentioned in the complaints.
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