Supreme Court Stays Lokpal Decision: The Supreme Court on Thursday (20 February) stayed the Lokpal's order to consider complaints against a sitting High Court judge, calling it a 'very disturbing order'. The special bench headed by Justice BR Gavai has issued notice to the Center and others and sought their response in connection with the suo motu proceedings initiated on the order passed by the Lokpal on January 27. This bench also includes Justice Suryakant and Justice Abhay S Oka.
A bench of Justices BR Gavai, Surya Kant and Abhay S Oka has issued notice to the registrar of both the Centre and the Lokpal. The order to exercise power over High Court judges by the Lokpal was passed on January 27, which was sharply criticized by the Supreme Court.
The bench has barred the complainant from disclosing the name of the judge. It also directed the complainant to keep his complaint confidential. The Lokpal had passed this order on two complaints filed against a sitting additional judge of the High Court. In these complaints, it was alleged that he influenced an additional district judge of the state and a judge of the same High Court in favor of that company.
It is alleged that the judge was to hear a case filed by a private company against the complainant. It is alleged that the private company was a client of the High Court judge when he was practising. According to a report in Bar and Bench, Justice Gavai commented on the suo motu case taken up by the court and said, "This is very disturbing."
The apex court said the matter is related to the independence of the judiciary and hence, it is "very important". Solicitor General Tushar Mehta, appearing for the Centre, said that high court judges will never come under the ambit of the Lokpal and Lokayuktas Act. "Every judge is a high court," he said. Senior advocate Kapil Sibal also argued that the Lokpal order was "extraordinarily disturbing". "It is fraught with danger," Sibal said while seeking a stay on the Lokpal order, reported Bar & Bench.
What order did the Lokpal give?
The Lokpal's order came while hearing two complaints against a High Court judge. He was accused of influencing an additional district judge in a case and another High Court judge in another. The complaints were also sent by the Lokpal to the Chief Justice of India. The full bench of the Lokpal headed by Justice A.M. Khanwilkar ruled that since High Court judges meet the definition of public servants, the Lokpal and Lokayuktas Act, 2013 does not exclude judges.
However, it also decided to first approach the CJI for guidance on the matter and deferred further action on the complaints. The Lokpal removed the name of the judge and the High Court before making its decision public. The matter is likely to be heard next by the Supreme Court on March 21.
