New Delhi: In a significant development on Thursday, the Supreme Court of India took suo motu cognizance of a contentious issue regarding the Lokpal’s authority to investigate High Court judges. The apex court, comprising Justices BR Gavai, Surya Kant, and Abhay S. Oka, issued notices to the Union Government, the Registrar General of the Lokpal, and the complainant involved in the case, while staying the Lokpal’s order that had sparked widespread concern.
The controversy began on January 27 when the Lokpal asserted its jurisdiction to probe High Court judges under the Lokpal and Lokayuktas Act, 2013. This decision was made while hearing complaints against a High Court judge accused of influencing judicial proceedings. The Lokpal’s Full Bench, headed by Justice AM Khanwilkar, ruled that High Court judges, being ‘public servants,’ fall within the ambit of the Act.
Justice Gavai described the Lokpal’s reasoning as “very disturbing,” highlighting the potential threat to the independence of the judiciary. The Supreme Court’s intervention is crucial as it addresses the delicate balance between oversight bodies and the judicial system’s autonomy.
Solicitor General Tushar Mehta argued that High Court judges were never intended to be under the Lokpal’s oversight, emphasizing that each judge is an integral part of the High Court. Senior Advocate Kapil Sibal also criticized the Lokpal’s decision, labeling it “exceptionally disturbing” and fraught with danger, and sought a stay on the order.
The Lokpal had earlier clarified that it did not have jurisdiction over the Chief Justice of India or Supreme Court judges, as these positions are not established by an Act of Parliament. However, its recent assertion regarding High Court judges has raised constitutional concerns.
The Supreme Court has also restrained the individual who filed the complaints against the High Court judge from revealing the judge’s name and the contents of the complaints. The matter is scheduled for further hearing on March 21.
