The
Supreme Court on Thursday stayed a ruling by the Lokpal, which had asserted its
authority to investigate High Court judges under the Lokpal and Lokayuktas Act,
2013. Describing the Lokpal’s decision as “very disturbing”, the apex court
issued a notice to the Centre and the Registrar of Lokpal.
The
top court took up the matter suo motu after the Lokpal’s order on January 27
while hearing two complaints against a sitting additional judge of a High
Court. However, the court instructed that the judge’s identity should not be
disclosed.
Solicitor
General Tushar Mehta, representing the Centre, argued that the Lokpal’s
interpretation was incorrect and that High Court judges are outside its
jurisdiction.
According
to a report, the Lokpal’s order stemmed from two complaints alleging that a
sitting additional judge of a High Court had influenced an additional district
judge and another High Court judge in a case involving a private company. The
complaints claimed that the company had previously been a client of the High
Court judge when he was practicing as an advocate.
In
its ruling, the Lokpal directed that the complaints and relevant documents be
forwarded to the Chief Justice of India for consideration.
“Awaiting
the guidance of the Chief Justice of India, consideration of these complaints,
for the time being, is deferred until four weeks from today, keeping in mind
the statutory time frame to dispose of the complaint in terms of Section 20 (4)
of the Act of 2013.”
“We make it amply clear that by this order we have
decided a singular issue finally – as to whether the judges of the high court
established by an Act of Parliament come within the ambit of Section 14 of the
Act of 2013, in the affirmative. No more and no less. In that, we have not
looked into or examined the merits of the allegations at all,” Lokpal
Bench, led by Justice AM Khanwilkar, as stating on January 27.