The Supreme Court on Thursday put a hold on an order by the Lokpal, which had asserted its authority to investigate High Court judges under the Lokpal and Lokayuktas Act, 2013. Calling the Lokpal’s ruling “very disturbing,” the apex court has issued a notice to the Centre and the Registrar of Lokpal.
The Supreme Court took up the matter suo motu after the Lokpal, India’s top anti-corruption ombudsman, ruled on January 27 that it had jurisdiction over High Court judges while examining two complaints against a sitting Additional Judge of a High Court. However, the top court has directed that the name of the judge involved should not be disclosed.
Lokpal’s Ruling on High Court Judges Sparks Legal Debate
The Lokpal bench, led by Justice AM Khanwilkar, ruled that High Court judges fall under the definition of “public servants”, making them subject to investigation under the Lokpal and Lokayuktas Act, 2013. The ruling stated that the Act does not explicitly exclude judges from its scope.
The decision stemmed from two complaints alleging that a High Court judge had influenced an Additional District Judge and another High Court judge in a case related to a company that was previously a client of the accused judge when he was an advocate.
Supreme Court Steps In, Solicitor General Opposes Lokpal’s Interpretation
During the hearing, Solicitor General Tushar Mehta, representing the Central Government, argued that High Court judges cannot fall within Lokpal’s jurisdiction. He termed the Lokpal’s interpretation “incorrect” and emphasized that the Indian judiciary operates under a distinct constitutional framework.
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Following this, the Supreme Court stayed Lokpal’s order and sought a response from the Centre and Registrar of Lokpal.
Lokpal Seeks Chief Justice’s Guidance
Despite its ruling, the Lokpal had sought guidance from the Chief Justice of India on the matter and deferred further action on the complaints.
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The Lokpal clarified that its decision solely addressed whether High Court judges fall under Section 14 of the Lokpal Act, stating: “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.”
Significance of the Supreme Court’s Intervention
The Supreme Court’s intervention signals a major legal battle over the separation of powers between the judiciary and anti-corruption bodies. The case could set a precedent for future interpretations of the Lokpal Act and its applicability to members of the judiciary.
The matter is now expected to be heard in detail in the coming weeks.
