Supreme Court Stays Lokpal Order On Power To Probe High Court Judges, Calls It ‘Very Disturbing’

In a significant development, the Supreme Court of India has stayed the Lokpal’s order that said that it has the power to look into the complaints against sitting High Court judges, terming it “very, very disturbing”, Indian Express reported.

Taking suo motu cognisance, the apex court listed the matter for hearing before a bench comprising Justice B R Gavai, Justice Surya Kant, and Justice A S Oka.

“Something very very disturbing,” Justice Gavai said as the court issued notice to the Centre, Lokpal and the complainant in the matter.

To maintain judicial confidentiality, the Supreme Court directed its registrar judicial to mask the complainant’s identity and serve notice through the Registrar Judicial of the High Court where the complainant resides.

Furthermore, it restrained the complainant from disclosing the name of the judge or revealing any contents of the complaint.

Appearing for the government, Solicitor General Tushar Mehta firmly opposed the Lokpal’s interpretation, stating, “...The High Court judge would never fall within the ambit of the Lokpal Act. There are constitutional provisions and some judgements to show this.”

Senior Advocate Kapil Sibal also echoed grave concerns, warning that such an assertion was “fraught with danger” and stressed the need to lay down the law.

Justice Gavai and Justice Oka expressed the view that after the commencement of the Constitution, High Court judges are constitutional authorities and not mere statutory functionaries as the Lokpal had concluded.

“And each judge is the High Court,” added Mehta.

The controversial order was passed by the Lokpal, headed by former Supreme Court judge Justice A M Khanwilkar.

The order had said that “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 (Lokpal) Act of 2013.”

Without going into the merits of the matter, the order said, “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 Supreme Court has scheduled the next hearing for 18 March.

Read More: With Katra-Banihal Rail Service In J&K Set To Begin Soon, IGP Jammu Evaluates Security Readiness Along Route