The Supreme Court has stayed the controversial January 27 order of the Lokpal, which had asserted its authority to entertain complaints against sitting High Court judges. The apex court termed the Lokpal’s stance as "something very very disturbing" and took suo motu cognizance of the matter.
A bench comprising Justice B R Gavai, Justice Surya Kant, and Justice Abhay S Oka heard the case on Thursday and issued notices to the Centre, the Lokpal, and the complainant. Justice Gavai, expressing serious concern over the order, remarked, "Something very very disturbing." The court also directed that the identity of the complainant be masked and served through the Registrar Judicial of the High Court where the complainant resides. Furthermore, the complainant has been injuncted from disclosing the name of the High Court judge against whom the complaint was filed, as well as any details of the complaint itself.
Solicitor General Tushar Mehta, appearing for the Centre, argued that the Lokpal had misinterpreted the law. "My take is based upon the interpretation of ‘relevant provisions’ which the order relies upon, the High Court judge would never fall within the ambit of the Lokpal Act. There are constitutional provisions and some judgments to show this," he stated.
Senior Advocate Kapil Sibal, echoing the concerns of the bench, emphasized that the order was "fraught with danger" and deliberated on the necessity to lay down the law clearly.
The crux of the Lokpal’s decision, led by former Supreme Court judge Justice A M Khanwilkar, rested on its interpretation of Section 14(1)(f) of the Lokpal Act, 2013. The order had concluded, "It will be too naive to argue that a Judge of a High Court will not come within the ambit of expression ‘any person’ in clause (f) of Section 14(1) of the (Lokpal) Act of 2013." The Lokpal, however, maintained that its ruling only clarified the jurisdictional aspect and did not delve into the merits of the allegations.
The Supreme Court, while staying the operation of the order, noted that High Court judges are constitutional authorities and not mere statutory functionaries, as the Lokpal had inferred. "And each judge is the High Court," remarked Solicitor General Mehta while supporting the court’s view.
The matter is now scheduled for hearing on March 18.
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