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The Supreme Court on Thursday put a stay on the order of Lokpal which held that it has jurisdiction to probe complaints against High Court judges.
A special bench of Justices BR Gavai, Surya Kant and AS Oka, in a suo motu case initiated over the Lokpal's order, issued notices to the Centre, registrar of Lokpal and the complainant before the top anti-corruption ombudsman Lokpal. The bench said the matter is of great importance concerning the independence of the judiciary. The apex court further said that the Lokpal order passed by a bench headed by former Supreme Court judge, Justice AM Khanwilkar, was "disturbing". "Something very disturbing," said Justice Gavai on the reasons given by the Lokpal. Solicitor General of India Tushar Mehta told the bench that Lokpal's interpretation was wrong and that a High Court judge was never intended to be brought under Lokpal. Senior advocate Kapil Sibal also criticised the Lokpal's decision and requested the bench to stay it. The apex court took suo motu cognisance of the January 27 order of the Lokpal, which stated that High Court judges were public servants and, thus, came within the ambit of the Lokpal Act. The Lokpal's order came in response to a complaint filed against a High Court judge accused of influencing an Additional District judge and another High Court judge to favour a private party in a case. The Lokpal had ruled that a judge of the High Court would qualify as a person in a body established by an Act of Parliament within the sweep of Section 14(1)(f) of the Lokpal Act. "It will be too naive to argue that a judge of a High Court will not come within the ambit of the expression "any person" in clause (f) of Section 14(1) of the Act of 2013," the Lokpal order had stated. (ANI)
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