Daijiworld Media Network – New Delhi

New Delhi, Feb 20: The Supreme Court has intervened in a suo motu case, staying a controversial order by the Lokpal that asserted its authority to investigate High Court judges under the Lokpal and Lokayuktas Act, 2013. The court also issued a notice to the Centre and the Registrar of Lokpal, questioning the validity of such jurisdiction.

A bench comprising Justices BR Gavai, Surya Kant, and Abhay S Oka expressed serious concern over the issue, emphasizing its implications for judicial independence. The Lokpal’s ruling, issued on January 27, had drawn sharp criticism from the judiciary, prompting the Supreme Court’s immediate response.

During the hearing, Justice Gavai remarked that the case raised "something very, very disturbing," underscoring the gravity of the situation. The court noted that the matter directly affected the independence of the judiciary, making it of significant national importance.

Solicitor General Tushar Mehta, representing the Centre, categorically stated that High Court judges do not fall under the purview of the Lokpal and Lokayuktas Act, asserting that “each judge is the High Court." Senior advocate Kapil Sibal also strongly opposed the Lokpal’s assertion, calling it “exceptionally disturbing” and warning of the dangers of such an interpretation.

The controversy stemmed from complaints filed against a High Court judge, alleging that he had attempted to influence an Additional District Judge and another High Court judge in a case. The Lokpal, in its ruling, held that High Court judges qualify as ‘public servants’ and therefore come under the ambit of Section 14 of the Lokpal and Lokayuktas Act. However, it clarified that it had not examined the merits of the allegations.

Despite ruling that High Court judges fall within its jurisdiction, the Lokpal decided to consult the Chief Justice of India (CJI) before proceeding further. The names of the judge and the concerned High Court were redacted before the decision was made public. The complaints were also forwarded to the CJI for guidance.

Taking immediate action, the Supreme Court barred the complainant from disclosing the judge’s identity or revealing the contents of the complaint. The matter is now scheduled for further hearing on March 21, with the apex court set to examine the constitutional implications of the Lokpal’s stance.