Supreme Court Stays Lokpal Ruling on Power To Hear Complaints Against HC Judges

Debayan Roy (Bar and Bench) 20 February 2025

Economy & Nation

The Supreme Court on Thursday stayed a recent order of the Lokpal ruling that it can entertain complaints against High Court judges under the Lokpal and Lokayuktas Act, 2013.

A bench of Justices BR Gavai, Surya Kant and Abhay S Oka issued notice to the Union of India and the Registrar of Lokpal.

"Something very very disturbing," Justice Gavai remarked at the outset of the suo motu case initiated by the Court following the order passed by the Lokpal on January 27.

The Court also said the matter was of great importance, concerning the independence of the judiciary.

Appearing for the Central government, Solicitor General Tushar Mehta said High Court judges will never fall within the ambit of Lokpal and Lokayuktas Act, 2013.

"Each judge is the High Court," Mehta said.

Senior Advocate Kapil Sibal also offered to assist the Court on the issue. Sibal said the ruling was exceptionally disturbing.

"It is fraught with danger," he said, while seeking stay on the Lokpal order.

The Lokpal had given the finding while dealing with two complaints against a High Court judge accusing him of influencing an Additional District Judge and another High Court judge in a suit.

"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 said in the order.

Pertinently, the complaints were also forwarded to the Chief Justice of India (CJI) by Lokpal.

Lokpal's Full Bench headed by Justice AM Khanwilkar ruled that a High Court judge meets the definition of 'public servant' and that the Lokpal and Lokayuktas Act, 2013 does not exclude the judges.

However, Lokpal also decided to first approach the CJI for guidance on the issue and accordingly deferred further action on the complaints.

"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.

Pertinently, the Lokpal redacted the name of the judge and the High Court before making its decision public.

The top court today injuncted the person, who has filed complaints against the High Court judge before Lokpal, from disclosing the judge's name and the contents of the complaint.

The matter is likely to be heard next on March 21.

Courtesy: Bar & Bench

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