In a striking development, the Supreme Court has put the brakes on a controversial Lokpal ruling that asserted its authority to entertain complaints against High Court judges under the Lokpal and Lokayuktas Act, 2013.
A bench comprising Justices BR Gavai, Surya Kant, and Abhay S Oka took immediate notice of the matter and issued a notice to the Union government and the Lokpal Registrar. “Something very, very disturbing,” remarked Justice Gavai as the court initiated the suo motu proceedings in response to the Lokpal’s January 27 decision.
The Central government, through Solicitor General Tushar Mehta, strongly opposed the ruling, arguing that High Court judges do not fall within the Lokpal’s purview and warning of potential dangers if such a precedent is set. Senior Advocate Kapil Sibal also stepped in, offering assistance in the case.
The Lokpal had arrived at its conclusion while examining two complaints against a High Court judge, who was accused of improperly influencing an Additional District Judge and another High Court judge in a legal matter. In its order, the Lokpal clearly stated that its decision pertained solely to whether High Court judges qualify as ‘public servants’ under Section 14 of the 2013 Act, without delving into the allegations themselves.
The matter was further complicated by the Lokpal’s decision to forward the complaints to the Chief Justice of India (CJI) before proceeding further. The Full Bench, led by Justice AM Khanwilkar, emphasized that the Act does not specifically exclude High Court judges from its scope. However, to maintain judicial propriety, the Lokpal opted to seek the CJI’s guidance before moving forward, placing the complaints on hold for four weeks.
The Lokpal also took a cautious step by redacting the name of the judge and the High Court before making its ruling public. With the Supreme Court now stepping in, the battle over the Lokpal’s jurisdiction in matters involving High Court judges is set for a legal showdown.