Blitz Bureau
In an interim order passed on February 20, the Supreme Court stayed the operation of a decision of the Lokpal holding that the anti-corruption body can entertain complaints against High Court judges.
A Bench of Justices BR Gavai, Surya Kant and Abhay S Oka was hearing a suo moto (on its own motion) after Lokpal referred the two complaints to the office of the Chief Justice of India (CJI) containing the allegations that a sitting additional judge of a high court influenced his colleague and an additional district judge who had to deal with the suit filed against the complainant by a private company.
“Something very very disturbing,” remarked Justice Gavai-led Bench as it issued notice to the Union Government and the Registrar of Lokpal. Solicitor General Tushar Mehta submitted that HC judges will never fall within the ambit of the Lokpal and Lokayuktas Act, 2013. “Each judge is the High Court,” Mehta said. Senior Advocate Kapil Sibal also offered to assist the Court on the issue. Sibal said the ruling was exceptionally disturbing.
“It is fraught with danger,” he said, while seeking stay on the Lokpal order. Senior Advocate BH Marlapalle also offered to assist the Court. “We place on record our appreciation for the kind gesture of Shri Kapil Sibal and Shri B.H. Marlapalle, learned senior counsel,” the Bench said.
Ordering a stay on the impugned decision, the apex court remarked that the issue was of great importance as it related to the independence of the judiciary.
In an order passed on January 27, the Lokpal ruled that it can entertain complaints against judges of the High Court established by an Act of Parliament.
